Spido: Use of Google Adword infringes competitor’s trademark

Spido: Use of Google Adword infringes competitor’s trademark

The ECJ has already passed rulings on the question whether one can use the competitor's trademark as Google Adword, a number of times. Rule of thumb is: it is allowed unless the origin function of the trademark is impaired. The advertisement must clearly show if there is a relationship between the advertiser and the trademark owner or not.

 

Spido offers boat-cruises in and around the port of Rotterdam. River Cruise, a competitor, uses, among other words, SPIDO as an Adword. The word SPIDO does not, however, appear visibly in the advertisement that is listed. River Cruise claims that it is clear to site visitors that River Cruise is a different company.

In the preliminary relief proceedings court disagrees. It is unclear to users if there are economic ties with Spido or if it concerns a competitor. Even more so since River Cruise is a descriptive term. End result: prohibition of use and a court order to pay the costs of proceedings.

About Abcor

Abcor specializes in applying for trademark and design rights. We do this worldwide for both SMEs and international companies, but often everything starts with an initial Benelux application. Our aim is to relieve the client of all the worries, which is why we take care of all the steps, from initial advice on what to apply for and how, right through to registration.

In addition to applying for trademarks, we also manage portfolios for our clients. We ensure that trademarks are renewed on time, that the right organizations are paid (given the many fraudulent companies), and we support our clients on issues.

In addition, we are sparring partners for our customers on new products and how to shape and claim new ideas.

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Newsletter: Abcor ABC Magazine

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Among others in this issue:
• EUIPO vs Mora TV: weigering geluidsmerk
• Jägermeister vs Alte Heiler: stop Russische copycat
• Stichting Nederlandse Top 40: gericht op Benelux?
• Tijdschrift HART vs Hermitage: soortgelijkheid
• Monique Granneman: nieuwe partner Abcor

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