In summary
Until recently, the online hidden use of a competitor’s trademark has chiefly been analysed in Spain in relation to the use of keywords within Google’s AdWords service. However, Order no. 206/2023 of the Alicante Commercial Court no. 4 shows that the use of a competitor’s trademark in a non-apparent way – as, for example, part of the URL or the metadata of a website – may also imply trademark infringement or amount to unfair competition, at least at first sight within the context of interim measures proceedings.
Discussion points
- Risk of confusion when using a competitor’s trademark as part of the URL or the metadata of a website
- Acts of unfair competition when jeopardising the web positioning of a competitor
- Limitations of the effects of a trademark and the need for honest practices in industrial and commercial matters
Referenced in this article
- ECJ’s Google France and Google case
- ECJ’s Interflora case
- Order no. 206/2023 of the Alicante Commercial Court no. 4 , dated 14 August 2023
Introduction
Article 34 (3)(f) of the Spanish law on trademarks (17/2001) establishes that where there is a double identity, a risk of confusion or a situation in which the reinforced protection of reputed trademarks is applicable, the owner of the trademark affected may prohibit the use of the conflicting sign in the course of trade. This includes, in particular, “in telematic communication networks and as a domain name”. Although the clearly visual online use of a conflicting...
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