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High Court Decision On Keyword Advertising And Trade Mark Infringement.

Publication: Mondaq Business Briefing
Publication Date: 11-MAR-08 		Format: Online
Delivery: Immediate Online Access

Article Excerpt
On 20 February 2008, the High Court handed down its decision in the trade mark infringement case of Wilson v Yahoo! UK Ltd and another, which makes interesting findings in relation to the use of trade marks in search queries. This case considered whether the use of keywords in Yahoo!'s sponsored advertising service infringed the claimant's trade mark rights.

The Court held that, in displaying sponsored advertising links to third parties' websites when the word "spicy" was entered into its search engine, Yahoo! had neither used nor infringed Mr Wilson's Community trade mark "MR SPICY".

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On 20 February 2008, the High Court handed down its decision in an important trade mark infringement case brought by Mr Wilson against Yahoo! UK Ltd and its sister company,...

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