It is South Africa's turn to adjudicate on the legality of bidding on competitor marks as Google keywords in a groundbreaking case due to be heard this week. The results of the case will directly affect online advertising and search engine optimisation strategies in South Africa and perhaps be a precedent for Africa.
Monday, 18 August 2014
This week, first Adword hearing for South Africa and more
Cochrane Steel Products Pty Limited have sued M-Systems Pty Limited for bidding on the keyword CLEARVU/CLEAR-VU which they claim is unlawful competition. Unlike most international cases of this type, the mark CLEARVU/CLEAR-VU is not registered. M-Systems are defending on the basis that the evidence provided by Cochrane does not support the right they have claimed in the CLEARVU mark, that bidding on keywords using marks of others is not per se unlawful and promotes competition especially when the mark does not appear in the ad text generated by the adword.
The case is due to be heard this week Wednesday (20 August @10am) in the South Gauteng High Court by Judge Nicholls. Owen Salmon (briefed by Rademeyer Attorneys) appears for the Applicant and Gavin Marriott (briefed by Adams & Adams) is appearing on behalf of the Respondent. Afro Leo is involved in the case together with IP attorney, Ian Learmonth for the Respondent.
Meantime, breaking news on another IP case for Google, this time involving the appeal against a finding of patent infringement of Vringo's filtering an ad placement technology, has revealed that Google has successfully overturned the $30.5 million patent infringement verdict resulting in a 72% drop in Vringo's share value.
Afro Leo has just been informed that there are still spaces available for the Breakfast Seminar this week Thursday 21 August on IP Audits - what are they, why are they important and what do they cost? Register here for complimentary access.