AdWords In Brazil – A Different Approach

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In Brazil, paying for AdWords services for internet searching engines such as Google and Bing can amount to trademark infringement and unfair competition. In Twogo v. Togo,1the State Appeals Court of São Paulo held that there had been trademark infringement and unfair competition, prohibiting the defendant from using the terms ‘2gotur’, ‘2go turismo’ and ‘TWOGO’ associated with tourism services from Google’s AdWords, as ‘TWOGO’ is the plaintiff’s registered mark and www.2gotur.com.br is its registered domain name. When a search was done of these terms, the results led first to the defendant’s web page, as it had used the AdWords tool. More judgments have been given using this approach, as, under Brazilian Law, using a competitor’s trademark to divert the public to visit another competitor’s webpage can be found by the courts as a trademark infringement and an unfair competition practice.

Footnote

[1]Twogo Agencia de Viagens e Turismo Ltda Epp v. Togo Agencia de Viagens e Turismo Ltda. Appeal

No. 1085182-69.2016.8.26.0100. Judge Guilherme Santini Teodoro. 2nd Panel. 29 September 2017.

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