ADWORDS

South Africa had its first AdWords decision recently. In the case of Cochrane v M-Systems, the issue was this: is it lawful for M-Systems– which competes with fencing company Cochrane, the owner of the big-selling ClearVu brand – to acquire words like‘clearvu’ as AdWords, when this has the effect that people searching ClearVu get to see ads for M-System’s product, M-Secure?

There have been a number of European cases that have dealt with AdWords – Google v Louis Vuitton, Interflora v Marks & Spencer and Amazon v Lush – and these have basically said that the AdWords usage of another company’s registered trade mark is legal provided that it doesn’t cause confusion. In other words, it must be clear to the person searching that the ad that they’re seeing is not in fact an ad for the brand they searched for. These decisions are premised on the fact that most of us get how these things work, and that when we search one brand we know that we’ll get to see ads for competitor products.

What made this case different was that there was no trade mark registration for ClearVu – there was a pending application, but this had been opposed by M-Systems. So the case was based on passing off, something that requires a reputation, confusion and damage. Normally the court will start with the requirement of reputation, but not this time – it went straight to confusion. And it found that South Africans also get the internet, and that they won’t be easily confused. Judge Nicholls said this:

In this matter a consumer who searches for “ClearVu” is confronted with a multiplicity of suppliers. No reasonable consumer could possibly be under the impression that all of them relate directly to the applicant. The reaction to these might well be irritation or indifference but it is highly unlikely that the reasonably observant consumer would be confused and deceived into thinking they were all the advertisements of the applicant. To reiterate the sentiments in foreign jurisdictions, Adwords are a familiar feature of the internet and consumers are used to distinguishing them from natural search results.’

So without confusion there could be no passing off, and there wasn’t even a need to consider reputation. There was no ‘leaning on’ either, an action that Cochrane argued exists to protect the advertising value of a trade mark – a sort of passing off, but without the need for confusion. The judge gave this short shrift, saying that the authorities are clear – if there’s no passing off, you can’t get around this with some nebulous unlawful competition claim.

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  • I have noticed that over the course of building a relationship with real estate proprietors, you’ll be able to get them to understand that, in every real estate deal, a commission rate is paid. In the end, FSBO sellers never “save” the payment. Rather, they try to earn the commission by simply doing an agent’s occupation. In completing this task, they commit their money plus time to perform, as best they’re able to, the responsibilities of an real estate agent. Those obligations include uncovering the home through marketing, showing the home to buyers, creating a sense of buyer emergency in order to induce an offer, arranging home inspections, managing qualification checks with the mortgage lender, supervising repairs, and aiding the closing of the deal.

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  • I have learned some important things via your post. I would also like to state that there may be situation where you will have a loan and never need a cosigner such as a Government Student Aid Loan. But if you are getting that loan through a conventional creditor then you need to be willing to have a cosigner ready to assist you to. The lenders will certainly base their very own decision on the few components but the biggest will be your credit standing. There are some loan providers that will in addition look at your job history and come to a decision based on this but in many cases it will depend on your scores.

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  • Thanks for the ideas you have contributed here. One more thing I would like to say is that personal computer memory requirements generally go up along with other developments in the technological innovation. For instance, whenever new generations of cpus are introduced to the market, there’s usually an equivalent increase in the type calls for of both computer system memory plus hard drive space. This is because the application operated by way of these processor chips will inevitably surge in power to take advantage of the new know-how.

  • I have realized that online diploma is getting well-liked because accomplishing your degree online has developed into a popular method for many people. Numerous people have not really had a chance to attend a regular college or university yet seek the raised earning potential and a better job that a Bachelor Degree offers. Still some others might have a diploma in one discipline but wish to pursue anything they now develop an interest in.

  • I have noticed that online degree is getting popular because obtaining your college degree online has changed into a popular option for many people. Numerous people have certainly not had a chance to attend an established college or university but seek the elevated earning possibilities and career advancement that a Bachelor’s Degree grants. Still people might have a college degree in one course but want to pursue a thing they now develop an interest in.

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