Supreme Court Holds that Bidding on Trademarks for Keyword Advertising is not Misleading

Professor Geist recently commented on this decision here.

In Private Career Training Institutions Agency v. Vancouver Career College (Burnaby) Inc., the Supreme Court of British Columbia held that bidding on a competitor’s trade name in connection with keyword advertising is not misleading, and refused to order an injunction to restrain such practice. This was the first decision in Canada on an issue that is receiving increasing attention in the U.S.  Luciana Brasil and Ward Branch were counsel for the successful Respondent, Vancouver Career College (Burnaby) Inc.