We’ve blogged about multilingual professional language translation services for the purposes of authenticating a foreign Website evidence. In the Internet Age, digital advertising is one of the most cost-effective ways to create brand recognition and goodwill on an international scale. From Google AdWords to blogs and pop-up advertising, businesses big and small have taken advantage of the many digital marketing options available to them. Although from a business standpoint, these digital marketing campaigns seem rather straightforward, from a legal standpoint they are the equivalent of a minefield.
To name just a few of the legal issues that can arise with digital advertising: trademark infringement, unfair trade practices and secondary liability. The reason this area of marketing is fraught with potential legal issues is because the law lags far behind the fast pace that new technologies develop. For example, one of the most popular ways to market on the Internet is to search engine optimize a website via the use of keywords. But can one company put a trademark claim on a key word and thus prevent its competitors from using it? Can a company develop a new form of digital advertising and have exclusive use on it? And when the digital advertising is in a foreign language, with or without a foreign language translation, how far does a trademark claim extend? And if a keyword is copyrighted, can another company use a foreign language translation of that same keyword?