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.
Technical outset: a definition of terms;
Metadata/meta tags: data about the HTML document and its content, descriptions;
Keywords and their effects: definition, general considerations, purpose and effects, finding the relevant keywords;
Use of competitors' trademarks: motivation and achievements;
Legal concerns: outset and applicable concepts, trademark law and court findings, other provisions;
Jurisprudence:status quo of related case law & court decisions;
Risk or reward: strategic considerations
To watch the entire presentation, please access the link below.
The above article is part of a series. Read the other blog posts on the Dennemeyer Annual Meeting 2018 and watch the videos here:
The authors contribute to this blog in their personal capacity. The views expressed are their own and do not necessarily represent the views of Dennemeyer IP Solutions, Dennemeyer & Associates, or Dennemeyer Consulting.