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advertising/fair use

Posted by . updated on 11/11/2009
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,

Answers (3)
 
Chang Han
Simply go to google, and search for "google adwords trademark litigation" and you will have access to all sorts of jurisdictions, cases, and status.
 
 
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
 
 
TataBoxInhibitor
Thanks Jeff.  I appreciate it.

Regards,

 

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