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Sponsored links are used to divulge products and services, in websites, social medias etc. This service is paid, for a single fee or per click. Many companies use this kind of marketing because it is a way to divert the customers of others.

How?

They use a third-party trademark like a key word, when the customers search for this key word, the sponsored link appear. If the customer clicks in this link, they think that is a page of a certain company with prestige and good reputation, but in fact it is a page of a competitor company. This practice constitutes unfair competition.

Unfair competition is any act or practice in industrial or commercial activities contrary to honest practices, for example, uses fraudulent means to divert, for his own or a third-party benefit, clients from a third party. 

In Brazil we have many judicial decisions published by the Courts determining competitors to cease the use of the third-party trademark in sponsored links.

The use of a third-party trademark in sponsored links

Besides, the judicial decisions determine to the competitors pay damages to the trademark owners.

Because of that, if you want to contract a sponsored link service, it is important to abide the local trademark laws, and do not infringe third party trademarks. Use available key words.

How to protect my trademark?

If you are a trademark owner concerned with the use of your trademark in sponsored links, we inform you that you have the right to protect your trademark from dilution and parasitism, as well as its prestige and reputation. It is possible to be compensated for the damages suffered, pursuing a legal action.

We emphasize that is important to be assisted by professionals specialized in intellectual property in these cases. Our office monitors your trademarks and possible violations. Contact us for more information.

Author: Luciana Santos Fernandes, Junior Associate at Peduti Advogados.

“If you want to learn more about this topic, contact the author or the managing partner, Dr. Cesar Peduti Filho.”
“Se quiser saber mais sobre este tema, contate o autor ou o Dr. Cesar Peduti Filho.”

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