The use of trade marks in keyword advertising: Developments in CJEU and national jurisprudence

2014 ◽  
pp. 231-286
Author(s):  
Nicole van der Laan
Keyword(s):  
Trade Marks ◽  
Keyword Advertising

Keyword Advertising: Challenging the Traditional Concept of “Use” under Malaysian Trade Mark Law

2009 ◽  
Vol 4 ◽  
pp. 1-17
Author(s):  
Pek San Tay
Keyword(s):  
Online Advertising ◽  
Trade Mark ◽  
Traditional Concept ◽  
Trade Marks ◽  
Search Terms ◽  
Keyword Advertising ◽  
Internet Users ◽  
Trade Mark Law ◽  
The Uk ◽  
The U.S

AbstractKeyword advertising involves the sale of keywords, sometimes comprising the trade marks of others, by search engine providers so that the keyword purchasers' advertisements are triggered as sponsored results whenever Internet users type in any of the keywords as search terms. This method of online advertising is new and novel and has been embraced widely by many businesses. However, its legality, particularly in the sale of keywords comprising the trade marks of others, has been challenged in a number of major jurisdictions. This article examines the approach of the courts in the U.S. and the UK with regard to the practice of keyword advertising with particular emphasis on the concept of “trade mark use.” With these foreign decisions serving as a useful guide, this article analyses and evaluates whether the practice of keyword advertising is legal under Malaysian trade mark law as embodied in the Trade Marks Act 1976.

Four Dimensions of Diamond T: Combination Trade Marks of Colours And Shapes

2006 ◽  
Vol 37 (4) ◽  
pp. 583
Author(s):  
Michael McGowan
Keyword(s):  
Three Dimensional ◽  
Trade Mark ◽  
Fourth Dimension ◽  
Trade Marks ◽  
Four Dimensions ◽  
Trade Mark Law ◽  
Dimensional Shape ◽  
Three Dimensional Shape

This article examines the relatively new fields of colour and shape trade marks. It was initially feared by some academics that the new marks would encroach on the realms of patent and copyright.  However, the traditional requirements of trade mark law, such as functionality and descriptiveness, have meant that trade marks in colour and shape are extremely hard to acquire if they do not have factual distinctiveness. As colour and shape trade marks have no special restrictions, it is proposed that the combination trade mark theory and analysis from the Diamond T case should be used as a way to make them more accessible. The combination analysis can be easily applied because every product has a three dimensional shape and a fourth dimension of colour.

DIRAMODE S.A. v TURNHAM

2019 ◽  
Vol 136 (10) ◽  
pp. 624-635
Author(s):  
Keyword(s):  
Trade Marks ◽  
Likelihood Of Confusion

Abstract H1 Trade marks – Opposition proceedings – Word marks – PINKIES – Descriptiveness – Assessment of likelihood of confusion – Weight to be given to conceptual differences – Appeal to Appointed Person

Certification marks for Australian native foods: A proposal for Indigenous ownership of intellectual property

2021 ◽  
pp. 1037969X2098271
Author(s):  
David J Jefferson
Keyword(s):  
Intellectual Property ◽  
Cultural Knowledge ◽  
Indigenous Australians ◽  
Policy Agenda ◽  
Commercial Products ◽  
Trade Marks ◽  
Native Foods ◽  
Certification Mark

Recently, interest in ‘bush tucker’ foods has surged. Indigenous Australians should be empowered to determine how their knowledge is used when these products are commercialised. To exercise control over the development of the native foods industry, Indigenous Australians could establish a certification regime to ensure that their knowledge is appropriately converted into commercial products. This could be done through the strategic use of intellectual property, specifically through certification trade marks. Creating a certification mark for native foods could represent an important part of a decolonial policy agenda aimed at reimagining the regulation of native biodiversity and cultural knowledge in Australia.

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