Internet trade mark infringement and passing off
We advise businesses on internet trade mark infringement, passing off and online impersonation. As internet infringement solicitors, we help clients tackle misuse of brands, names and website content online.
In many cases, the objective is not court proceedings but practical enforcement and removal. This may involve legal correspondence, platform complaints, search engine complaints or other takedown strategies.
What is internet trade mark infringement?
Internet trade mark infringement involves misuse of a registered trade mark online. This may arise in domain names, website branding/content, online advertising, social media accounts or other digital content.
Internet trade mark infringement often involve attempts to divert customers by creating confusion as to the origin of goods or services.
What is passing off?
Passing off protects business names and brands which have acquired goodwill, even if they are not registered trade marks. In practice, passing off often overlaps with online impersonation and unfair attempts to imitate a competitor.
What kinds of online infringement do we handle?
Examples include:
- misuse of a competitor’s branding
- fake social media accounts
- online impersonation
- misleading Google Ads
- trade mark misuse in domain names
- copycat websites
For domain-related disputes, see our page on domain name disputes. For copying of content, , see our copyright infringement page.
What about Google Ads infringement?
We regularly advise on disputes involving use of competitor names in Google Ads. In the UK, it is difficult to prevent competitors from selecting trade marks as keywords if the trade mark itself does not appear in the advertisement.
In practice, the key issue is often whether the advertisement creates confusion as to the origin of the relevant goods or services.
How are online trade mark disputes resolved?
The best approach depends on the nature of the infringement and the parties involved. In many cases, practical enforcement steps can achieve removal or resolution without court proceedings.
This may involve complaints to platforms, search engines, website operators or direct legal correspondence with the infringer.
Frequently asked questions about internet trade mark infringement
Can online impersonation amount to trade mark infringement?
Yes. In some cases, use of branding, names or visual presentation online may create confusion and give rise to trade mark infringement or passing off claims.
Can misleading Google Ads be removed?
Sometimes. The position depends on the wording of the advertisement and whether it creates confusion as to the source of the goods or services.
Can online infringement disputes be resolved without going to court?
Yes. In many cases, disputes can be resolved through practical enforcement measures and takedown strategies without litigation.