Using keywords as registered trademarks of Internet search engines Cover Image
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Utilizarea cuvintelor-cheie înregistrate ca mărci în motoarele de căutare pe Internet
Using keywords as registered trademarks of Internet search engines

Author(s): Paul George Buta
Subject(s): Law, Constitution, Jurisprudence
Published by: Asociaţia Ştiinţifică de Dreptul Proprietăţii Intelectuale
Keywords: trademarks; keywords; use in commerce; trademark use; initial interest confusion; advertising; Internet trademark use

Summary/Abstract: In dealing with the continuously developing technology both legislator and court have to face tougher challenges and shoe-horning efforts. The business model developed by Google – and indeed the life-support system for this ‘model’ of a business – is a very good example of this. Trapped between the rigidity of the statute and the complexity of the factual issues both commentators and courts find it difficult to explain how Google actually makes its money. Add the fact that at the core of its ‘money-machine’ is a service selling words identical or similar to trademarks to their respective owner’s competitors and one can see how the diversity of judgments and opinions on the matter can only grow. The present article tries to highlight some of the issues of fact that are frequently reviewed in the cases brought against Google and a few of the judicial decisions made in such cases in the United States.

  • Issue Year: 2010
  • Issue No: 02
  • Page Range: 28-49
  • Page Count: 22
  • Language: English