Legal aspects of SEO: trademark protection in advertising
- Trademarks in the context of SEO and advertising
- Risks
- Case Study: Louis Vuitton vs. Google
- Contact our legal team to learn more
| Search engine optimization (SEO) and contextual advertising are integral elements of a successful marketing strategy, but their use is associated with certain legal risks. Misuse of trademarks can lead to claims, fines and even litigation. In this article, we will look at how to work effectively with trademarks in digital marketing while avoiding legal conflicts. |
Trademarks in the context of SEO and advertising
A trademark is a unique designation used to identify goods or services. It can include words, logos, slogans and other elements that distinguish one company's products from those of competitors.
In the digital environment, trademarks are often used in:
- Key words for contextual advertising;
- Meta descriptions and page titles;
- Site content, including product descriptions.
Risks
- Trademark infringement: Using someone else's marks without the consent of the right holder, for example in keywords for contextual advertising, can lead to charges of intellectual property infringement.
- Cybersquatting and Use of Similar Domains: Creating websites whose address mimics registered trademarks in order to intercept traffic may be considered an infringement.
- Misleading consumers: Creating a false impression of association with a well-known brand may be considered unfair competition. This may include imitating another brand's corporate identity (logos, fonts, packaging design), even if the trademark is not directly used.
Case Study: Louis Vuitton vs. Google
In 2010, the European Court of Justice heard a dispute between the Louis Vuitton brand and Google. Louis Vuitton accused Google that, through the Google Ads platform, competitors and sellers of counterfeit goods used their trademark as a keyword to display advertisements for their goods.
The court concluded that:
- Google is not liable for the actions of advertisers unless the platform itself misleads users.
- However, advertisers who use trademarks without permission can be held liable.
The case was an important precedent, highlighting the need for clear rules in the use of trademarks in digital marketing, and demonstrating key points that can be useful to rightsholders in protecting their trademarks.
How do you protect your brand?
- Registration
Register the trademark with national (e.g., USPTO), regional (e.g., EUIPO) or international patent authorities to obtain exclusive rights to use it and protect it from infringement.
- Monitoring of utilization
Regularly monitor the use of the trademark using specialized monitoring services (e.g. Google Alerts) in order to timely identify unauthorized use and take necessary actions.
- Filing complaints about violations
If an infringement is detected, file complaints through platforms (Google Ads, Amazon, Facebook) demanding the removal of ads or content for illegal trademark use.
- Licensing
Enter into license agreements with partners and third parties to control the terms of its application.
- Development of a trademark utilization policy
Creating a trademark use policy is an important step to protect intellectual property and ensure that partners, distributors and third parties are using the brand correctly.
- Legal defense
In case of infringement of rights, to apply to the court with the requirement to stop the use of the trademark and compensation of losses, if necessary.
Protecting trademarks in the digital marketing environment requires care and proactive action on the part of rights holders. It is important not only to register a trademark, but also to regularly monitor its use, especially in the area of search engine optimization and contextual advertising. Maintaining strict standards of mark use, developing clear policies and using available legal tools, such as filing infringement complaints, will help to effectively protect the brand from unauthorized use and minimize legal risks.
Authors: Erohovec Ekaterina, Saakian Margarita
Contact our legal team to learn more
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