Adword use of competitor’s trademark

Adword use of competitor’s trademark

When is it allowed to use your competitors / market leaders brand as an Adword in an online campaign? In a recent case defendant carried out a comparison test of his own water softener (Aquamag7000) and the Amfa4000 from competitor 24Man. The comparison is positive for the defendants product and the company wants to generate publicity with this result. If the search term Amfa4000 is entered in Google, ads appear with headlines like “Amfa4000 vs Aquamag 7000 - read this before your purchase”.

 

This advertisement links to a website on which the test results are featured along with the conclusion that the Aquamag7000 is twice as powerful while being cheaper than the Amfa4000. Man24 objects to this.

Rule is that it must be immediately clear to the average internet user from which party the advertisement originates. If both brands are directly featured in the page header, it will be clear that this is a comparison test of two products (one of which is from the competitor).

It is irrelevant that the affiliated company sells more products as a result of this. This is allowed.

There was also an ad that only featured the competitor’s brand. That is not allowed. In this way it is unclear what the relationship is between the advertisers company and the competitor’s brand. So you may use a competitor’s brand, but should do so with care. (Source image: waterontkalkerkopen.nl)

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

Een korte introductie tekst over de nieuwsbrief waarin je uitlegt wat het is. Hoe je direct de nieuwste editie kunt lezen en hoe je je kunt abonneren. And click here for all the numbers.

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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