Exemplos de uso de Correspond to trade marks em Inglês e suas traduções para o Português
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I have so far been referring to‘the use',in AdWords, of keywords which correspond to trade marks.
Google's uses of keywords which correspond to trade marks are independent of the use of the trade mark in the ads displayed and on the sites advertised in AdWords;
At issue has been the legality of the use of keywords which correspond to trade marks.
By displaying ads in response to the keywords which correspond to trade marks, it establishes a link between those keywords and the sites advertised, including the goods or services sold via those sites.
The Court is called upon to assess only the use of keywords which correspond to trade marks;
Again, it must be remembered that the advertisers' selection in AdWords of keywords which correspond to trade marks can take place for many legitimate purposes purely descriptive uses, comparative advertising, product reviews, and so on.
The use consistingin Google displaying ads, through AdWords, alongside the natural results displayed in response to the keywords which correspond to trade marks.
The very same link is established between keywords which correspond to trade marks, and the sites displayed as natural results.
This private use by advertisers is the other side of the use by Google- considered above to be legal- which consists in allowing advertisers to select keywords which correspond to trade marks.
The very same link is established between keywords which correspond to trade marks, and the sites displayed as natural results.
The risk of confusion lies in the ad and in the advertised sites, but, as has already been pointed out, the Court is not being asked about such uses by third parties:it is being asked only about the use by Google of keywords which correspond to trade marks.
I concluded above that none of the uses by Google in AdWords of keywords which correspond to trade marks constitutes a trade mark infringement.
The question raised by the present cases is whether freedom of expression andfreedom of commerce should also take precedence over the interests of the trade mark proprietors in the context of Google's uses of keywords which correspond to trade marks.
As was also mentioned above,when Google allows advertisers to select keywords which correspond to trade marks, it does so in relation to its AdWords service.
Whether Google's uses of keywords which correspond to trade marks affect other functions of the trade mark besides its essential function, in particular whether they take unfair advantage of, or are detrimental to, the distinctive character or the repute of the trade marks. .
When Google offers advertisers, through AdWords,the possibility of selecting keywords which correspond to trade marks, it does so as a commercial activity.
When Google allows the selection of keywords which correspond to trade marks, or displays ads in response to those keywords, it is the possibility of the trade mark falling into the‘wrong hands' of counterfeit sites that is highlighted by the proprietors in order to argue that Google is guilty of a trade mark infringement.
One of those conditions is clearly satisfied: the use by Google, in AdWords,of keywords which correspond to trade marks is manifestly not consented to by the trade mark proprietors.
It should therefore be concluded that the uses by Google, in AdWords,of keywords which correspond to trade marks do not affect the other functions of the trade mark, namely guaranteeing the quality of the goods or services or those of communication, investment or advertising.
It must be concluded, therefore, that neither the display of ads northe display of natural results in response to keywords which correspond to trade marks leads to a risk of confusion as to the origin of goods and services.
I shall also address below in Section(c)whether Google's use of keywords which correspond to trade marks affects other functions of the trade mark besides its essential function of guaranteeing the origin of the goods and services.
The trade mark proprietor claims are reflected in the questions referred,which focus on making keywords which correspond to trade marks available for selection- a possibility which is prior to, and independent of, any infringement by third parties.
The use by Google consisting in allowing advertisers to select in AdWords keywords which correspond to trade marks, so that ads for their sites are presented as results for searches involving those keywords i Whether the use takes place within the course of trade. .
Accordingly, this condition is not satisfied and, in consequence,the use consisting in allowing advertisers to select in AdWords keywords which correspond to trade marks, so that ads for their sites are presented as results for searches involving those keywords, does not constitute a trade mark infringement.
My examination of the question whether there is trade mark infringement will reveal, first,that the use in AdWords of keywords which correspond to trade marks does not, in itself, constitute a trade mark infringement, and, secondly, that the connection with other(potentially infringing) uses is better addressed, as it has been hitherto, through the rules on liability.
Igns corresponding to trade marks.
The answer will determine the extent to which keywords corresponding to trade marks can be used outside the control of the proprietors of the trade marks. .
The link that it establishes between keywords corresponding to trade marks and natural results, even the more relevant sites, is not enough to lead to confusion.
Similarly, advertisers themselves do not commit a trade mark infringement by selecting in Adwords keywords corresponding to trade marks.
Does the use by Google, in its AdWords advertising system,of keywords corresponding to trade marks constitute an infringement of those trade marks? .