Google Ads Trademark Liability Win

Peter Adediran’s specialist niche area of practice is intellectual property law – both contentious and non-contentious – as it relates to digital works including trademarks; copyright; patents and database rights PAIL® Solicitors. Read more on PAIL’s ® Resource Library

PAIL® recently obtained judgment on liability plus costs for our client in the UK Intellectual Property Enterprise Court. For more information about the court see the IPEC Court Guide.

The case concerned trademark use in Google Ads. Although Google have an ad policy requiring that Google Ads don’t infringe on third-party trademarks businesses still actively infringe other business brands in their Google Ad campaigns trading on the reputation of other business brands and/or diluting the brand of other businesses through overuse.

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Suing non-UK domiciled company in online IP infringement cases?

Peter Adediran’s specialist niche area of practice is copyright, trademark and patent disputes and protection relating to digital media including websites and mobile applications PAIL Solicitors. Read more on PAIL’s Resource Library

For the purposes of this article we will use the infringement of copyright works in a website as the hypothetical case study, but we could use any type of digital works that are capable of copyright protection.

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Making trade mark infringement cases

Making trade mark infringement cases should always start with a letter, then the follow up formal document in the appropriate legal format setting out the causes of action are crucial and should not be attempted lightly. This formal document making trade mark infringement cases is called a pleading.

There are different styles and methods of preparing these pleadings. Once the substance has been covered then differences are mainly down to style. In the recent case of Enterprise v Europcar incidentally addressed the subject of how pleadings are prepared when making trade mark infringement cases.

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Trademark reputation

Trademark reputation is one of the most important elements of trademark law because so many cases are essentially about proving it. Although judgment was handed down as long ago as the 06 February 2014, the preliminary ruling of the court of Justice of the European Communities relevant to trademark reputation, following a request from the Hoge Raad der Nederlanden (Netherlands), in the case of Leidseplein Beheer BV, v Red Bull GmbH [2014] EUECJ C-65/12, is worth reviewing. Particularly in light of the relevance of our article on trademark surveys.

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Trademark litigation

Two of the most important aspects of trademark litigation are reputation and confusion. Thsi is because almost every trademark litigation will involve some kind of dispute about either reputation or confusion or both.

That makes surveys a very important element that can influence the outcome of a trademark litigation suit. Trade mark surveys are complex and typically require an expert survey team. However here are 10 tips to bear in mind when conducting a trademark litigation survey.

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Rihanna passing off

At the outset of discussing the Rihanna passing off case it is important to note that the case of Fenty v. Arcadia [2013] EWHC 2310 (Ch) (the “Rihanna case”) is not a case that is concerned with image rights, but passing off, Mr Justice Birss was at pains to assert this at the outset of his judgment.

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