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Google Adwords And Canadian Trademark Law, Reed W. Taubner
Google Adwords And Canadian Trademark Law, Reed W. Taubner
Canadian Journal of Law and Technology
This article aims to answer two questions: should business competitors be allowed to use each other’s goodwill in this way and, if so, can trademark law police the program without stifling competition? Part I examines the technical aspects of the AdWords program. Part II explores the underlying rationales of trademark law to start developing a normative position. Part III reviews the American jurisprudence and commentary to hone that normative position and to identify a compatible legal framework. Part IV compares that framework against Canadian law.
This article endorses the work of Misha Gregory Macaw who, unlike some trademark expansionists, argues …