Session Detail

Sponsored Link Advertising and Trademark Infringement

Meeting Time(s):
· W2 Wednesday, August 19th, 2009 From 1:00 PM—2:00 PM

Description:
The presentation will include issues related to unfair competition and trademark infringement regarding Internet commerce. By way of example, consider some of the following fact patterns: 1) The consumer doing an Internet search types Pepsi into a search and a pop up add for Coke appears superimposed over the first page of the official Pepsi Web site accessed by the consumer. This has raised unfair competition and trademark issues which are largely unsettled. 2) Google's pay per click program allows advertisers to bid on key words, so when a Google user types in a search, if the word bid on is in the search, the advertiser's sponsored link advertisement appears. For example, if a consumer is interested in locating an HP replacement printer cartridge, they may type in those words and be directed to a number of non-HP entities who sell such cartridges. Many trademark holders have taken the position that this is trademark infringement and unfair competition. There are strategies that can be employed by both trademark holders to increase their protection and enforcement on the Internet and also for advertisers to limit their risk with regard to these advertising strategies. It would also appear that these issues will not be completely resolved in the very near future.