When users search the Internet for online information using search engines like Yahoo, Google and MSN. Because some owners pages have paid for some of their links with the websites of the search engines and links to get more results and site owners appear a result of conflict research, was recently among brand owners and third parties. Efforts are underway to suppress and restrain the use unauthorized misappropriation of trademarks and other intellectual property when it comes to Internet search related topics.
In a conflict of these brands, JS Wentworth complained that Peachtree Settlement Funding violated trademarks and JGWENTWORTH JG Wentworth. The defendant had used these trademarks as keywords and links are paid for their own websites immediately beside the link to the website of the plaintiff in the results Research on the screen whenever a user of Internet search engine Google to JG Wentworth or JG Wentworth.
Because Peachtree Settlement Funding and JG Wentworth are competitors in the field of structured settlements, the complainant alleged that the defendant had stolen potential customers and dilute the effectiveness of its various brands, and this has caused a loss of benefits resulting to the plaintiff. Peachtree Defendant moved the complaint dismissed.
The court acknowledged that two important aspects of the decision:
1. If the defendant to use the trademark as keywords in AdWords advertising, Google has used the mark in commerce. Owner of a trademark establishes rights by the use of the mark in the public market.
2. If the use of the plaintiff's mark infringed trademark rights provided in the Act because there was a good chance of confusing the consumer.
Whether the mark has been used in commerce, the defendant argued that marks the use was not for the public to see, and do not want associated with Peachtree Settlement Funding, only an analog user personal response to a trademark. Respondent argued that it was not used in commerce in connection with the sale of goods or services to confuse consumers. Disagreeing, the court held that the defendants use of trademarks as keywords in their Google AdWords links, designed to attract Internet, which constitutes use in commerce under the Act.
As for the fault, however, the defendant argued that the use of trademarks as keywords JG WENTWORTH was not likely to mislead the consumer. Here, the court agreed, stating [a] t no point potential consumers are taken by a search engine for the accused … The Web site links to the defendants website always appear as separate links and separate pages of search results. There was also no allegation that the defendants' advertisements and links that use applicants were in any substantially [I] nternet users and potential customers, and that "[d] ue to the distinct nature of the links created in one of the pages results question, potential customers have no opportunity to confuse defendants services, products, advertising or links, websites for the plaintiff. Then, the Court held that the plaintiffs use of trademarks was not trademark infringement under the Act brands and the Court dismissed the complaint.
The JG Wentworth V. Settlement Funding case confirms the existence of a breach of copyright to use the trademarks of other companies in their keywords online advertising notice of this Court in Pennsylvania. Similar decisions were made by other courts as well as California, New York and Virginia, and the second court of appeal.
However, it is also important that advertisers online such as Google AdWords and brand owners in mind that issues of trademark infringement in these ads have not been resolved nationally. Some courts have decided that buying a keyword does constitute use in commerce, and some have not achieved an conclusion on the issue of likelihood of consumer confusion. Other courts, including New Jersey, California, Georgia, Minnesota and the Ninth Circuit Court of Appeals, have focused on the facts at trials instead of tackling the issues of use in commerce.
In general, However, courts seem to another with advertisers using keywords that trademark owners, even if it may be some time before the problem is completely resolved.
About the Author:
Robert Masud, Esq. is the principal of Masud & Company LLC, a law firm for the world of business, finance and the internet.
Find out how our lawyers can help you at http://www.masudco.com.
Article Source: ArticlesBase.com – Clamping Down on the Use of Trademarks as Key Words
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