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Trademark Keyword Issue Far From Settled Jason Lee Miller |
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Wednesday, 13 February 2008 |
Kentucky court to weigh in eventually We can only expect this issue to be brought before the courts more and more, which might mean it is eventually decided by much higher ourts: Does targeting your competitor's trademark keyword in search ads constitute "use in commerce," and thus a trademark violation.
The issue has come up time and time again from some high-profile companies in various states and in various courts. Most of the time, the courts have answered with bidding on a competitor's keyword does not violate trademark laws and is not considered "use in commerce." But a few other times, the courts have decided differently. The latest comes from a Kentucky court, reports Technology and Marketing Law Blog writer/law professor Eric Goldman, where though it's not a final ruling, the motion by the court suggests they will at least consider it. No one has commented on this article. |
