Fighting unfair competition
April 14 , 2009
Unscrupulous website owners continue to try to lure visitors to their sites by misrepresenting competitors’ trademarks, usually in their site’s metatags or pay-per-click advertising. This deliberate ‘bait and switch’ scheme comes under the heading of ‘passing off’ which, under rules of unfair competition, is illegal.
As an example of the seriousness of trademark infringement online, Google has created trademark complaint procedures with respect to the use of trademarked terms in Google AdWords campaigns. Details are on the Adwords section of Google’s website.
We asked our law firm client Berwins for their recommendation. “If you find a competitor using your company name or trademark to draw custom to its website at your expense, consult your legal adviser,” said senior partner Paul Berwin, a specialist in Intellectual Property Rights.
“A polite letter to the offender will usually see your trademark name removed. If not, or you have suffered commercial loss or damage, your adviser may suggest firmer action”.
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