G-Metin2.pl - Forum portalu G-Metin2.pl (Wszystko o Metin2)

cxjCXQ107

n Internet users search online for information, they use search engines like Yahoo,[link widoczny dla zalogowanych], Google, and MSN. Because some page owners have paid fall butme of its links to the search engine websites and the links come up whenever the website owners results appear as a search result, there have recently been conflicts between the owners of trademarks and some third parties. Efforts are being made to clamp down and include the unlawful utilization and misappropriation of trademarks and other intellectual property items when it comes to Internet search related issues.
In an such trademark clash, J.S. Wentworth complained that Peachtree Settlement Funding infringed the trademarks JG WENTWORTH and The Defendant had used these trademarks as keywords and had paid to have links appear to its own website swiftly contiguous to the link to Plaintiff's website on the search-results screen every period a user of the Internet searched the Google engine for J.G. Wentworth or JG Wentworth.
Because Peachtree Settlement Funding and J.G. Wentworth are competitors in the field of structured settlements, Plaintiff alleged that Defendant had stolen potential customers and diluted the effectiveness of its various trademarks, and that this reasoned a subtantial profit wastage for the plaintiff. Defendant Peachtree shook to have the complaint dismissed.
The court granted two important operative issues:
1. Whether Defendant used the trademark as keywords in the Google AdWords advertising agenda under the Trademark Acts use in commerce. Owner of a trademark establishes rights through the use of the trademark in public marketplace.
2. Whether the use of the Plaintiff's trademark infringed trademark rights provided for in the Act because it had a good opportunity of confusing the consumer.
On whether the trademark was used in commerce, Defendant argued that the trademarks use was not as the public to penetrate, and was no averaged apt be associated to Peachtree Settlement Funding, only an analog to the users private answer to a trademark. Defendant claimed it was not accustom in trade in connection with the bargain of merchandise or services to confuse consumers. Disagreeing, the tribunal decided that Defendants use of the trademarks for keywords in their Google AdWords links,[link widoczny dla zalogowanych], devised to draw internet users, constituted use in commerce below the Act.
Regarding infringement, whatsoever, Defendant argued that using the J.G. WENTWORTH trademarks as keywords was not likely to confuse the consumer. Here the court coincided, and stated [a]t no point are potential consumers taken by a quest engine to defendants links to defendants website forever emerge as independent and distinct links aboard the quest outcome pages. There was likewise no allegation that the Defendants ads and links that used the Plaintiffs were in any course discernable to [I]nternet users and potential buyers,[link widoczny dla zalogowanych], and that [d]ue to the detach and distinct ecology of the links built aboard whichever of the search results pages in question, potential buyers have no opportunity to confuse defendants services, goods, advertisements, links or websites for those of accuser. The court then decided that the use of Plaintiffs trademarks was not trademark infringement under the Trademark Act and the court discharged the grumble.
The J.G. Wentworth v. Settlement Funding circumstance confirms that it namely not license infringement to use other companies trademarks in their online advertising keywords, in the attitude of this Pennsilvania court. Similar decisions have been made by other courts as well, including California, New York, and Virginia, and the Second Court of Appeals.
However, its essential also that online advertisers such as Google AdWords and the trademark landlords be conscious that the issues of trademark infringement on these ads has not been decided nationwide. Some courts have decided that purchase of a keyword does constitute use in commerce, and some have not approached a conclusion regarding the que