Booking a competitor’s brand as a keyword is generally permitted if the ad clearly shows a different commercial origin.
Legal framework
- § 14 MarkenG, Art. 9 EUTMR: use of third-party trade marks
- § 4 No. 4 UWG: targeted obstruction; § 6 UWG: comparative advertising
Case law
- BGH, 13 Dec 2012, I ZR 217/10 – no infringement if the ad appears in a labelled ad block and does not mention the mark
- BGH, 13 Jan 2011, I ZR 125/07 – no infringement if the ad indicates a different origin
Case examples
Brand in the ad text
A competitor’s brand appears in the headline of the search ad. Infringement likely.
Confusing display URL
The ad uses a display URL similar to the competitor’s domain. Risk of confusion and obstruction.
