Change search
CiteExportLink to record
Permanent link

Direct link
Cite
Citation style
  • apa
  • ieee
  • modern-language-association-8th-edition
  • vancouver
  • Other style
More styles
Language
  • de-DE
  • en-GB
  • en-US
  • fi-FI
  • nn-NO
  • nn-NB
  • sv-SE
  • Other locale
More languages
Output format
  • html
  • text
  • asciidoc
  • rtf
Googles varumärkespolicy: En föränddring av varumärkets värde?
Jönköping University, Jönköping International Business School, JIBS, Commercial Law. Jönköping University.
2011 (Swedish)Independent thesis Basic level (degree of Bachelor), 10 credits / 15 HE creditsStudent thesis
Abstract [en]

During September 2010, Google decided to change their trade mark policy to allow keywords which is equal to an already own trademark to be offered to all who intend to link the word to their ad. They offered a service for this called Adwords. The update followed since The Court Of Justice (CoJ) stated that Google does not commit trade mark infringement by doing this. The question to answer is whether the proprietors of trademarks can do something to stop them from being used by competitors as keywords in Adwords. CoJ has stated that the advertisers are infringing the exclusive right of a trademark if the used keyword is identical to the trademark, the commercial focuses on products that is identical to the products which are registered on the trademark and if the commercial makes it difficult or impossible to an average internet user to decide whether the products originate from the proprietor, a company which has a financial connection to the proprietor or a third party. If an advertiser limits the ad to contain commercial which focuses on their specific business and products it is most likely not possible for the proprietor to claim trade mark infringement. The opportunities to stop the advertising is found in the Swedish Marketing Act . This section of law prohibit so-called abuse of reputes and misleading marketing. In the case Blocket vs Metro it is tested whether Metro had conducted Abuse of Blockets repute by using the trademarked term "blocket". The Swedish Market Court (MD) stated without justification that some abuse of repute did not exist. The trade mark has, because of the policy change, reduced its value since the opportunities to protect a trade mark are still around but now the process is less efficient and more expensive. This however can be changed as soon as the possibility of “misleading advertising” is tested by the MD.

Place, publisher, year, edition, pages
2011. , p. 36
National Category
Law (excluding Law and Society)
Identifiers
URN: urn:nbn:se:hj:diva-15202OAI: oai:DiVA.org:hj-15202DiVA, id: diva2:420343
Subject / course
IHH, Commercial Law
Uppsok
Social and Behavioural Science, Law
Supervisors
Available from: 2011-06-28 Created: 2011-06-01 Last updated: 2011-06-28Bibliographically approved

Open Access in DiVA

fulltext(574 kB)663 downloads
File information
File name FULLTEXT01.pdfFile size 574 kBChecksum SHA-512
590b211afd1a817f99afff4f9d57910ff418831e7cae64c7c93b36fd5e1d2831ec56487053458f058f82c6a195910fd407d641592d486b8d3e3782917751dae2
Type fulltextMimetype application/pdf

Search in DiVA

By author/editor
Wahlgren, Joakim
By organisation
JIBS, Commercial LawJönköping University
Law (excluding Law and Society)

Search outside of DiVA

GoogleGoogle Scholar
Total: 663 downloads
The number of downloads is the sum of all downloads of full texts. It may include eg previous versions that are now no longer available

urn-nbn

Altmetric score

urn-nbn
Total: 658 hits
CiteExportLink to record
Permanent link

Direct link
Cite
Citation style
  • apa
  • ieee
  • modern-language-association-8th-edition
  • vancouver
  • Other style
More styles
Language
  • de-DE
  • en-GB
  • en-US
  • fi-FI
  • nn-NO
  • nn-NB
  • sv-SE
  • Other locale
More languages
Output format
  • html
  • text
  • asciidoc
  • rtf