According to a survey of over 200 businesses by Marks & Clerk, 58 per cent object to the practice of competitors paying for sponsored keywords in their name, and argue that this should constitute trademark infringement.
However only 25 per cent believe they should be responsible for policing their own brands more effectively. Two thirds said search engines should do more to fight counterfeiting by developing a protocol that will force them to engage with brands.
Pam Withers, partner at Marks & Clerk said the findings were in line with the long-running dispute between Google and Louise Vuitton's owner LVMH.
"The market needs a clear line to be drawn by the courts to establish where the ground lies, and if the onus should be solely on the consumer, or if the internet has now got too big for this to remain the case," she said.
"Businesses need to take firmer action to protect their brands, while service providers need to recognise their responsibilities and engage with the problem so they are not a vehicle for infringement".
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