Online advertising and trade mark use in Australia—where do we stand?

Abstract

... The internet is now, more than ever, at the core of the way we work, socialize, shop and manage our day-to-day life. Clever algorithms employed by clever companies analyse our web history and Google searches, and use targeted advertising accordingly—and such tactics work. In Australia alone, the online retail market was worth $21.5 billion in 2016, representing a 10.4 per cent growth from 2015.1 As such, online advertising strategies are becoming an increasingly important consideration for businesses. The key aim of such strategies is rooted within an idea that is not limited to the online space: companies want their advertising to appear to consumers who are looking for the types of goods or services that they offer. One of the methods deployed by businesses to achieve this aim is the use of metatags and Google AdWords (or similar offerings used by other search engines) as a means to get their websites in front of the right people. While these are not new concepts, Australian courts (and indeed, courts in other jurisdictions) have grappled with how the use of trade marks is to be regulated in the online advertising space.