Yes and no. The use of a keyword identical to someone else’s trademark is subject to certain rules. In the context of fair competition, the courts have ruled that using keywords identical to a trademark is permitted if there is no confusion among the public regarding the origin of the product. The advertisement must clearly indicate whether the products originate from the trademark holder, an affiliated organization such as a dealer, or a competitor.
In several cases, courts have allowed the use of such keywords to offer a legitimate alternative, considering it a form of proper comparative advertising. However, the use of an AdWord must not damage the reputation of the trademark.
Note: The permissibility of using someone else’s trademark as an AdWord varies by country (France, for instance, has a different stance than the Netherlands). Case law on this issue is still evolving. Contact us if there is a suspicion of unlawful AdWord use.
