Dennemeyer Talks IP: Keyword Advertising With Competitors' Trademarks

Digitalization is shaping everything from the management of Intellectual Property to technological environments and marketing strategies. Nowadays, we would be hard pressed to find a company that does not have an online presence or, at least, does not invest in building one. Sabrina Machei, Rechtsanwältin (German Lawyer) at Dennemeyer & Associates, discusses keyword advertising with other party's trademarks and the legal assessment of their usage.

To utilize the full potential of the internet, we have to have some knowledge about its technical background - what is permissible and what is not. Then, have a legal assessment of different scenarios and, lastly, understand where court decisions are heading. Mostly, a competitor will have to bear use of its mark by way of keyword advertising if the only purpose is to generate commercial traffic in promoting its products as an alternative to the original product. There are, of course, exceptions to this rule, but each user has to decide if the gain expected is worth the risk.

Besides all aspects of trademark prosecution and litigation, Sabrina Machei also specializes in domain strategy and enforcement of domain names. Her areas of expertise include unfair competition law, copyright and design law, as well as patents and industrial designs.

Topics discussed:

Technical outset: a definition of terms; Metadata/meta tags: data about the HTML document and its content, descriptions; Keywords and their...

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