POVREDA FUNKCIJE UPUĆIVANjA NA POREKLO I REKLAMNE FUNKCIJE UPOTREBOM ŽIGA U USLUGAMA KEYWORD-ADVERTISING-A

Abstract

An infringement of the referral to origin function does not exist when a commercial advertisement appears in an appropriately designated ad block, which is clearly separated from the list of results. In addition, the condition is that the ad unit does not include a trademark, neither refers to the trademark holder and products or services marked with the trademark. In the case of a list of results, an infringement of a referral to origin function exists if the average Internet user is not able to recognize whether the ads originate from the trademark holder, companies economically related to him, or from a third party. An infringement of the advertising function in the case of known trademarks is solved by applying the principles contained in the "Interflora" judgment of the European Court.