Brazil:
Adwords In Brazil: A Different Approach
19 December 2018
Veirano e Advogados Associados
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In Brazil, paying for AdWords services for internet searching
engines such as Google and Bing can amount to trademark
infringement and unfair competition. In Twogo v. Togo,[1]the State
Appeals Court of São Paulo held that there had been
trademark infringement and unfair competition, prohibiting the
defendant from using the terms ‘2gotur’, ‘2go
turismo’ and ‘TWOGO’ associated with tourism
services from Google’s AdWords, as ‘TWOGO’ is the
plaintiff’s registered mark and www.2gotur.com.br is its
registered domain name. When a search was done of these terms, the
results led first to the defendant’s web page, as it had used
the AdWords tool. More judgments have been given using this
approach, as, under Brazilian
Law, using a competitor’s trademark to divert the public
to visit another competitor’s webpage can be found by the
courts as a trademark infringement and an unfair competition
practice.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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