Saturday, February 28, 2015

Who will benefit from such an opinion. Probably only the courts, to which you have to pay each time


Brand from a marketing perspective, the thoughts and feelings of consumers. Business perspective, the financial VALUE reached by the brand. BrandTransactions blog is dedicated to brand management, the effect of which is to maximize the financial value of the brand.
Legal protection of the brand
Possession of property rights to the word mark, it may be the basis for the prohibition of the use of the name as a keyword in a search engine. Without the registration of a trade mark, online brand protection is ineffective. Online brand protection, and keywords
As for SEO with a foreign trademark. Recently opinion on this topic gave the European Court of Justice in a case between i magnin the American brand and competitive company Interflora, Marks & Spencer. The first is the brand worldwide flower delivery service, the second largest retailer i magnin in the UK. Opinion clarifies the scope of trademark protection in the European Union. Interflora has filed for a ban on the M & S brand Interflora in advertising on Google. Brytyski concern as keywords used the "Interflora Flowers", "Interflora Delivery" and what is the major surprise "Interflora.com". As a result, Internet users search by typing in the name of the American brand, saw ads Marks & Spencer. Online brand protection and violation of reputation and renown
According to the Court, the proprietor of a trade mark is entitled to prohibit a third party from using the mark, but only if it harms at least one of the three functions of the mark: the indication of origin, investment or advertising function. Generally speaking, whether using the brand name applies the principles of unfair competition or prejudice the reputation i magnin and the reputation of the brand. On the other hand, displays advertising on the Internet through the use of a reputable brand name, it proposes a reputable alternative to the goods or services of the proprietor, is an activity in healthy and fair competition. So online brand protection will be effective for the well-known and established brands. i magnin Only, which brands are reputable, the European Court of Justice does not specify, and European courts will have room for broad interpretation. According to the Court, for the national court to determine whether i magnin the competitors through the use of keywords clear from the word marks, damage one of the three aforementioned functions of the mark. The example shows that online brand protection is governed by similar laws as in other media. Responsibility Google and online brand protection
While the first impression is that you have legal rights to the word mark is an effective online i magnin brand protection and allows you to fight against unfair competition, i magnin is an extension raises serious doubts. Dispute Interflora - Marks & Spencer interested companies directly affected. A similar judgment has been entered, the party to the dispute was Google, which is the operator of advertising. The names of well-known brands can appear in search results paid for by advertisers, even if they do not own trademarks. This review appeared in the publication of the ECJ in the dispute between Google and the well-known French and the fashion clothing companies, including Louis Vuitton. It is worth noting i magnin that after such a statement, Google your business can carry on, because it is not a party to the case. Offering advertising platform i magnin has no obligation to check whether the use of keywords is lawful or not. This is the domain of brand owners and consequently the courts. Online brand protection and judicial practice
Who will benefit from such an opinion. Probably only the courts, to which you have to pay each time the dispute. i magnin In this way, preference i magnin is given to large companies with budgets i magnin and procedures allowing i magnin to finance disputes. Looking at the practices of many corporations, it can be seen that although the same are of the protection of their intellectual i magnin property i magnin rights, the same also violate those rights. I would definitely do it consciously. Yes, they also pay compensation when judgments are unfavorable for them, but the rewards usually outweigh the sum awarded. Online brand protection is not seen as a purely ethical issue business.
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