Sunday, April 28, 2013

Portakabin ruling: a bad result for trade mark owners?

Portakabin Ltd, who made and sold mobile buildings, owned the Benelux trade mark PORTAKABIN for goods in Classes 6 (metal buildings, parts and building materials) and 19 (non-metal buildings, parts and building materials). Portakabin BV was its subsidiary and licensee of this mark. An unrelated company, Primakabin, sold and let new and second-hand mobile buildings, both its own and those made by Portakabin. Using Google's AdWords referencing service, Primakabin chose the keywords ‘portakabin’, ‘portacabin’, ‘portokabin’ and ‘portocabin’, representing Portakabin's name and three popular mis-spellings of it. Originally, the heading of Primakabin’s ad, which appeared once one of those words was entered into the search engine, was ‘new and used units’. Later Primakabin changed this to ‘used portakabins’.

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