IP Update

Keyword Advertising Decision Reversed on Appeal

by Timothy Stevenson

The British Columbia Court of Appeal has issued an important decision regarding Canadian keyword advertising. The January 26, 2017 decision of the Court of Appeal in Vancouver Community College v Vancouver Career College (Burnaby) Inc confirms that purchasing a competitor’s trademark as a keyword will not alone be sufficient to cause trademark confusion. However, in some circumstances, confusion may arise when viewing the search engine results page and before reaching the defendant’s actual website.

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