July 1, 2010 at 15:54In the HTML code, it was forbidden to use someone else's trademarks
The Arbitration Court of St. Petersburg made a decision that could seriously affect the practice of modern search engine optimization in Russia.
The court found it unlawful to use someone else's trademarks in the HTML code of the site. This is a common practice in search engine optimization, because in this way you can attract search traffic.
The investigation of the claim of NPO Telecommunication Engineers CJSC against the company CTP CJSC lasted two and a half years . The defendant did not deny that he had embedded the word “ExPro” in the title tag , similar to confusion with the trademark “Expro”, the rights to which belong to the plaintiff.
“Thus, using the trademark of the plaintiff, the defendant influenced the increase in traffic to its website and the promotion of its products on the market,” the court said. - In accordance with Article 10.bis of the Convention for the Protection of Industrial Property, an act of unfair competition is considered to be any act of competition that contradicts fair customs in industrial and commercial matters. In particular, all actions that may in any way cause confusion with respect to the competitor’s enterprise, products or industrial or commercial activities are prohibited. The indicated legal norms correspond with the provisions of Article 1484 of the Civil Code of the Russian Federation, which entered into force on 01.01.2008. ”
The court found it unlawful to use someone else's trademarks in the HTML code of the site. This is a common practice in search engine optimization, because in this way you can attract search traffic.
The investigation of the claim of NPO Telecommunication Engineers CJSC against the company CTP CJSC lasted two and a half years . The defendant did not deny that he had embedded the word “ExPro” in the title tag , similar to confusion with the trademark “Expro”, the rights to which belong to the plaintiff.
“Thus, using the trademark of the plaintiff, the defendant influenced the increase in traffic to its website and the promotion of its products on the market,” the court said. - In accordance with Article 10.bis of the Convention for the Protection of Industrial Property, an act of unfair competition is considered to be any act of competition that contradicts fair customs in industrial and commercial matters. In particular, all actions that may in any way cause confusion with respect to the competitor’s enterprise, products or industrial or commercial activities are prohibited. The indicated legal norms correspond with the provisions of Article 1484 of the Civil Code of the Russian Federation, which entered into force on 01.01.2008. ”