Keyword Advertising Not Trademark Infringement But May Be Unfair

摘要

Whether using another's registered trademark in keyword advertising constitutes trademark infringement continues to be a controversial question around the world. In Taiwan, the answer remains one to be decided by judicial interpretation as neither the Trademark Act nor the Fair Trade Act explicitly addresses keyword advertising. As keyword advertising can be a useful tool in promoting goods or services, it is very actively used. Some enterprises, which do not have any connection with a particular trademark, may use the trademark in their keyword advertising so as to lead consumers into believing that they are the trademark owner, licensee or somehow affiliated with the trademark.