Civil Liability on the Internet by Trademark Use in Advertising

Abstract

This article intends to analyze the civil liability that could be entailed by the use of keywords that are identical to commercial brands of third parties in online advertising campaigns and which privileges do trademark owners have in order to protect their inherent rights. Considering the afore mentioned, firstly, the functioning of on line advertising, the current paradigms and their particular effects are briefly developed. It examines the regulations concerning the phenomenon and tries to give answer to whether it is possible to adapt it to the new trends and challenges introduced by the Internet. Henceforth, once the main actors have been identified and their activity defined, an attempt is made to determine if it is liable to prejudice the functions of the trade mark and if there is any accusation as regards responsibility. In order to broaden the spectrum, international jurisprudence is analyzed so as to shed some light on a novel matter with limited doctrinaire development. Finally, the normative and jurisprudential status of the subject in Argentina is studied, which has proven to be scarce.