São Paulo’s 1st Labor Court and Arbitration Disputes ruled that it is legitimate to use brand names as keywords in advertising campaigns, even by competitors. The decision was the result of a process between Keep Light and Google, and the judge overturned the decision, which ordered the payment of R$30,000 in non-pecuniary damage.
Food company Keep Light has filed a lawsuit against Google, arguing that its rival Gym Chef used the brand name as a keyword in Google Ads ad campaigns. However, according to Judge André Salomon Tudisco, the decision does not constitute a crime of unfair competition.
For Tudisco, the judge in charge of the case, the keyword only “acts as a trigger to trigger ads from suppliers and present the user with a list of results, a procedure that does not generate a “sale” or an offer to sell the product, which is an offense of unfair competition to fraudulently mislead much less customers.” 2. Study the sentence in full.
Trademarks as keywords
According to Google, the advertising platform Google Ads does not restrict the use of trademarks as keywords. However, the platform “limits its use in ad text only allowed to the trademark owner”.
According to the company, by displaying brands with the same purpose side by side, the consumer is guaranteed to make an informed choice about such a product or service.
Source: Tec Mundo
