Page 33 - BOSS Today Issue 22

BE CAREFUL

WHERE YOU

PUT THE

KEYS

Keyword advertising using a rival’s trade mark can prove costly…

trade mark is a sign which products to be sold by Amazon, has been the subject of “If you use a
A can distinguish your goods but when customers typed litigation before, but this is the
and services from those of your the word ‘Lush’ into Amazon’s first time that there has been competitor’s trade
competitors (you may refer to search field they were directed a clear ruling on the use of a mark in Keyword
your trade mark as your ‘brand’). to rival products. Amazon rival’s brand in a search function
It can be - for example - words, also ran a Google AdWords or AdWords campaign. advertising to
logos, or a combination of both. campaign so that rival branded It is now clear that if you use direct search
Many businesses have trade products were displayed to a competitor’s trade mark in
marks that include a distinctive customers who searched for Keyword advertising to direct traffic or potential
word or combination of words, Lush bath products. search traffic or potential
and some online retailers have Lush took legal action against customers who search for customers... then
been taking advantage of Amazon for infringement of that trade mark to your own you risk having
that by using those words as its trade mark. The High Court website, then you risk having
Keywords to direct potential decided the case in favour of a very costly legal claim made a very costly
customers to rival products. Lush on the basis of two main against you for damages for legal claim made
This Keyword advertising issues: firstly, the damage to infringement of that trade mark.
has resulted in a major legal the trade mark of Lush, and against you.”
battle between cosmetics and secondly the potential for the n FOR FURTHER
bath products company Lush consumer to be confused or INFORMATION CONTACT
and the online retail giant deceived. THE BOSS LEGAL TEAM ON
Amazon. Lush does not allow its The use of Google AdWords 0845 450 1565

May 2014 | BOSS TODAY 33

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