Basis Of Action For Trademark Infringement

By Sandra Arcilla

Trademarks are a kind of IPR that offer safety to certain terms or logos used by a company. They provide the trademark holders with the authority to bring legal proceedings against the violators or imitators of their mark and at the same time avert the customers from being influenced by counterfeit products available in the market.

The two major causes of legal action brought under the trademarks framework are dilution of the trademark of a renowned firm and likelihood of confusion for the customers.

A trademark can get diluted by the unlawful actions of unscrupulous individuals or firms, which can tarnish the reputation of the company by harming the image of the trademarked product with respect to a particular feature or in a general way. For example, if a trademark used by a company that manufactures food products is used by another company for selling pesticides, the consumers might think that the former has entered into a trade that compromises the standards of its products.

The violation based on likelihood of misunderstanding arises when two trademarks are identical or so strikingly similar that the customers can't differentiate between them. The misunderstanding could be related to the source of the product, its sponsors, or to any other factor related to it. The underlying assumption behind this confusion is that an average customer would not be able to recollect the exact details of an item. In such a case, a violation of trademark would have significant potential to cause commercial harm to the company that holds the genuine trademark.

However, this is not an exhaustive list of the types of trademark violation that can occur. The owner of the trademark can also bring an action for pass off, which means that some other company is trying to market its products claiming to be coming from him. In the same way, action can also be taken for unhealthy competition and other such claims.

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Using AdWords Advertising

By Justin Harrison

An AdWords advertising campaign is built around short but carefully worded advertisements. Although limited in size these advertisements can be very successful in attracting the attention of users who will then click on the advert and be taken to your website.

Two methods for this advertising practice exist related to the positioning of advertisements. Once you've set up your AdWords campaign, you will be presented with the option of either placing your ads on the search or the content network (in this case, AdSense), or on both.

Search network advertisements are assigned many keywords that would match the text of the advertisement and that is an excellent method for getting searches to locate your product or service.

Within the content network, as opposed to the other, your ad will be surrounded by an article or other content which is related. So in this scenario, your ad is viewed by readers who are maybe not thinking about purchasing at the moment, so, they are only browsing and not searching.

The effectiveness and performance of search advertisements far exceed that of contextual advertisements. In order to drive more traffic to your website, though, you could target both networks (in effect 'broadening your net') by selecting the search network check box for one and the content network check box for the other.

Contextual adverts have their advantages despite the fact that they may not give as many advantages as a search based advert. Your cost per hit is a lot lower and you'll have a little more flexibility in where your adverts land.

If you have an AdWords search advert created but yet want to try the content network you could consider starting up a different advertisement series pointed at the content market. Content networks have a more passive audience so simply just copying over your search network campaign will not suffice, you'll need to complete retool it to make it work.

In the final analysis a well run search network campaign is usually the most effective way to generate business but with a little ingenuity and well written copy there is no reason why this could not be supported by a parallel campaign on the content network.

About the Author:

Justin Harrison is a leading Internet Marketing consultant responsible for the Internet Marketing strategies behind some of the biggest online brands including Amazon, BBC, MasterCard and many others.