WORLD TRADEMARK REVIEW Issue 17

Keyword advertising, gripe sites and
phishing can all infringe IP rights. Such
activities generally trigger liability under
unfair competition law in Romania and
require detailed enforcement strategies

As the Internet offers increasing
opportunities for wrong-doing to scammers,
counterfeiters and other infringers in the
online environment, this article reviews
some of the recourses available and best
practices for brand owners

China is already home to the highest
number of internet users in the world.
Online trademark infringement is a
growing concern and recent cases suggest
that the onus for policing rights falls on
brand owners.

The liability of online auction website
operators and search engines are among
the most controversial and most
important issues in relation to trademarks
online. So far, the Brazilian courts have
not considered either in much detail.

No keyword advertising case has reached
the Canadian courts yet. However, a
decision on ‘use requirements’ and
various metatags decisions give
indications of how the courts may
approach keyword advertising cases

Because of the difficulties in identifying
the perpetrators of many acts of online
infringement, IP rights holders
increasingly turn to internet service
providers for redress. However, the Spanish
courts have so far interpreted narrowly the
EU provisions on providers’ liability

Due to a lack of legal framework,
trademark owners find it difficult to
enforce their rights on the Internet – in
particular, on online auction platforms.
However, self-regulation codes have been
developed in order to tackle this issue

The law relating to online infringement
continues to develop rapidly in Benelux.
Among other things, trademark owners
must familiarize themselves with the
latest rulings on the liability of internet
service providers

Under the Electronic Commerce Act, an
internet service provider is not liable for
the information that it stores unless it has
actual knowledge of the illicit nature of
such information. So far, no court
decision has addressed the issue of the
liability of service providers

The Indian courts have had to address many
legal issues arising from the development of
the Internet – from passing off to phishing,
metatagging and jurisdictional matters

Italian courts are still divided over the
criteria to use to establish jurisdiction
over infringement occurring online

Contextual online advertising is big
business in Russia, much of it potentially
infringing. A lack of clear law in this area
makes enforcing trademark rights
almost impossible

Issues once hotly debated, such as
metatagging, have now been settled in
Germany. However, new practices, in
particular keyword advertising and the
liability of online auction platforms, still
give rise to conflicting court decisions

Jurisdiction is probably one of the most
important legal matters raised since the
launch of the Internet. A Jerusalem court has
considered this issue in detail and has ruled,
among other things, that a decision from a
foreign court can be enforced in Israel.

Practitioners from the United States and Europe discuss the trademark issues involved in advertising