The Institute of Practitioners in Advertising is advising members to exercise caution before carrying out competitor brand & trademark bidding on search engines.
Advertisers and their agencies are advised to exercise caution before purchasing and using competitors’ trademarks as advertising key words via internet search engines. This follows a recommendation that was made by the Advocate General to the European Court of Justice last week in the Interflora v Marks & Spencer case, which details two ways in which use of a trade mark as a key word by an advertiser, may constitute trade mark infringement.
This shows just how seriously people are taking the opinion. The future of brand bidding could be limited.