A responsabilidade civil por desvio de clientela em ambientes digitais: um estudo sobre práticas de concorrência desleal

Abstract

The expansion of e-commerce and the rise of online consumers have driven the modernization of marketing practices. This has led to new digital advertising strategies that, while creating opportunities, have also given rise to new forms of competitive conflicts. In this context, the present study critically analyzes one such strategy: the use of a competitor's trademark as a keyword for sponsored links on search platforms, such as Google Ads. This work examines the principles surrounding the topic, delving into issues of trademark law, unfair competition, and civil liability through a bibliographical, documental, and case law review, including a comparative analysis of how the issue is approached in other jurisdictions. As a key finding, the study determined that, in alignment with the rulings of Brazil's Superior Court of Justice, this practice constitutes unfair competition. It is therefore concluded that, as an unlawful act, such conduct gives rise to a civil liability to compensate the trademark owner for any damages caused