Print

Please login or register.
1 Hour 1 Day 1 Week 1 Month Forever
Login with username, password and session length

[TataBox]

Does anyone know the state of the law as it applies in the google adwords context and trademark? It has fair use implilcations. Is the litigation still pending? Or can anyone provide a link?

Regards,

[JSonnabend]

The law is still mixed among the circuits.  Some courts refuse to find sufficient "use in commerce" for keyword-only usage (i.e., courts in the 2d Cir.), while others find such use a "use in commerce" under the Lanham Act (e.g., 9th Cir. and 11th Cir. courts). 

Even those courts who deem keyword-only usage a "use in commerce" often find such use insufficient to cause a likelihood of confusion. 

- Jeff

[TataBox]

Thanks Jeff.  I appreciate it.

Regards,

[TataBox]

You mentioned only keywords, how does that translate into using the trademark in the actual text heading of the ad?

[JSonnabend]

Well, text of an ad is analyzed like any other, traditional use.

- Jeff