- within Intellectual Property topic(s)
- in United States
- within Intellectual Property, Antitrust/Competition Law and Employment and HR topic(s)
- with readers working within the Automotive and Pharmaceuticals & BioTech industries
In today's digital marketplace, Google AdWords presents both opportunities and challenges for trademark owners. While AdWords enables precise targeting and brand visibility, it also raises complex trademark issues, especially when competitors bid on branded keywords.
Under Hong Kong trademark law, unauthorized use of a registered trademark in online advertising may constitute trademark infringement or passing off if it causes consumer confusion or dilutes brand distinctiveness. Notably, the landmark case Pandora A/S & ors v Glamulet & ors (HCA 2941/2015) provides critical judicial guidance. The Hong Kong High Court recognized that unauthorized use of a trademark as a Google AdWord could undermine both the trademark's origin-identifying function and its investment value. The court granted an interlocutory injunction to prevent an infringing party from bidding on the "Pandora" trademark, marking a significant precedent that reinforces strong protection for trademark owners against misuse in keyword advertising.
Trademark owners in Hong Kong can protect their rights through a combination of strategies:
- Send a cease and desist letter to the infringing party as a formal warning and to demonstrate readiness to enforce rights.
- File a complaint with Google under its Trademark Complaint Policy to request removal of infringing ads.
- Pursue civil litigation, as demonstrated by Pandora, to obtain injunctions, damages, or account for profits against infringers.
- Enhance your own SEO strategies to strengthen organic search presence and reduce reliance on paid keyword bidding vulnerable to misuse.
- Monitor keyword bidding activities regularly to detect unauthorized use early.
- Engage professional legal counsel experienced in both IP law and digital advertising to tailor enforcement tactics effectively.
If your brand's visibility is compromised by unauthorized keyword bidding or trademark misuse in online advertising, consult our experts at Hong Kong Team to safeguard your rights effectively. Protect your brand—turn challenges into opportunities with professional trademark enforcement.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
