Searching for trouble: when search terms and trade marks collide

Jani McCutcheon, Lecturer, Faculty of Law, The University of Western Australia, 35 Stirling Highway, Crawley 6009. Email: Jani.Mccutcheon@uwa.edu.au

Keywords

Trademarks, search terms, misappropriation of trademarks, targeted advertising schemes..

Abstract

This paper explores the legal issues that arise when a trade mark is appropriated by a competitor through key word advertising. The paper considers whether the trade mark owner can restrain such conduct under current Australian law. The paper concludes that trade mark owners have limited legal avenues to redress this type of trade mark interception in cyberspace, and suggests the time is ripe to consider whether and how the law should be reformed to better control such conduct.