Am I allowed to use my competitor's name in my keywords for search engine marketing?
January 9, 2022 | 40,00 EUR | answered by Sandra Bittner
Dear lawyer,
My name is Dora Schlüter and I run an online shop for sports clothing. Recently, I have noticed that my competitor, Sportbekleidung GmbH, is using my brand name in their keywords for search engine marketing. As a result, their shop appears at the top of search results when searching for my company.
I am concerned that this may be a violation of competition law and could confuse my customers. Is it legally allowed to use my competitor's name as a keyword? What steps can I take to address this and protect my rights?
I would greatly appreciate a detailed assessment of the legal situation and possible solutions in this case. Thank you in advance for your help.
Sincerely,
Dora Schlüter
Dear Mrs. Schlüter,
Thank you for your inquiry regarding the use of your brand name as a keyword by your competitor. It is understandable that you are concerned that this may violate competition law and could confuse your customers.
Indeed, the use of your brand name as a keyword by your competitor may constitute a violation of competition law, especially if it creates a likelihood of confusion or gives the impression that there is a connection between your two companies.
In general, the use of third-party brand names as keywords in search engine advertising is not readily allowed, as it may infringe on the rights of the brand owner. This could be considered a violation of trademark rights.
To address the unauthorized use of your brand name as a keyword, you could take legal action. It would be advisable to first formally request your competitor to cease using your brand name as a keyword in writing. This can be done in the form of a cease and desist letter. If your competitor does not comply with this request, you could obtain an injunction or file a lawsuit for injunction.
It is recommended to seek assistance from a specialized competition law attorney to effectively enforce your rights. An attorney can also help you pursue claims for damages if you have suffered financial harm due to the unauthorized use of your brand name as a keyword.
Overall, it is important that you take proactive steps to defend your rights as a brand owner. Through legal action, you can ensure that your competitor stops the unauthorized use of your brand name as a keyword and no longer confuses your customers.
I hope this information is helpful to you. If you have any further questions or need legal assistance, I am at your disposal.
Sincerely,
Sandra Bittner
