Posted On:
June 6, 2008
Keyword Competition -- Issues in Using a Competitors Trademark in Keyword Searches
The article, Whether Paid Keyword Search Advertising Constitutes Trademark Infringement: Opens Rifts Among US Courts, appears in the Intellectual Property Update, Spring 2008, Squire, Sanders & Dempsey L.L.P. It concludes with,
While we expect the importance of the Internet and search engines to lead to a greater number of disputes over paid search keywords and related issues, the creation of a uniform set of rules – and with them settled expectations – will require additional time. In the meantime, both trademark owners and those using trademarks as paid search keywords should pay close attention to this area of the law as it continues to develop.
The article explains the use of keywords in online advertising and looks at the different results different courts have reached. The analysis is worth reviewing to anyone using keywords. This is true in their own advertising campaigns or for anyone who is seeing unexpected results from searches on their trademarks.
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