인터넷광고와 지재권 침해 - 상표권, 퍼블리시티권을 중심으로 -

Internet Advertisement and Infringement of Trademark Right - focus on the Protection of Trademark Right and Publicity Right -

“Internet advertising” is advertising that promotes an advertiser's goods or services on the Internet. Recently a number of trademark holders have challenged the policies of Google and other Internet search engines that allow the trademark owner’s competitors to purchase advertising space linked specifically to the owner’s trademarks when entered as keywords. This paper discusses legal analysis the use of competitors’ trademarks in online advertising, focusing on whether trademark holders can bring trademark infringement claims against Google for the practice of selling advertising space to companies in response to keywords identical to their competitors’ marks. This paper considers the law on trade marks and unfair competition, the use of competitors’ trade marks as metatags to rank search results, and the display of pop up or banner advertisements and examines also the application of trademark law to this practice. Furthermore, this paper reviews how the right of publicity applies to the internet advertising.