Violations of exclusive rights to a trademark under the conditions of the network advertising: typical cases and features of legal regulation

The article was written with the aim of analyzing the current legislation and law enforcement practice on the issue of violation of exclusive rights to a trademark when placing advertisements and information about goods on the Internet. To achieve this goal, cases of violation of the exclusive right to a trademark through the use of various addressing methods, including the design of contextual network advertising. Statistics on the development of the Internet advertising market in a digital economy are presented. The circumstances that need to be proved when applying to the court with a claim for the protection of the violated right are revealed. As a result of the study, the author concludes that advertising on the Internet is a promising tool for promoting their own products on the market and the demand for such advertising will grow in the future. However, the author points to gaps in the legal regulation of relations in this area. In this regard, it is proposed to consolidate at the legislative level the rules on the prohibition of the illegal use of trademarks when choosing the considered addressing methods and when placing contextual advertising, as well as the legal definition of the term “contextual advertising”. In conclusion, the author gives practical advice in order to prevent infringement and protect exclusive rights to a trademark when posting information and advertising about his own product on the Internet, including, but not limited to, possible methods and resources in the context of checking for registered trademarks.

network advertising, trademark, domain name, addressing facilities, copyright holder