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Friday, July 28, 2006

Selling Keywords for Ads an Infringement


link to the opinion
Oh boy! This has got to be trouble!

Volume 72 Number 1779
Friday, July 28, 2006 Page 348
ISSN 1522-4325
News

Trademarks/Infringement
Search Engine's Sale of Trademark Terms
As Keywords Ruled Commercial Use of Mark


Selling paid-search listings triggered to appear whenever a user queries the plaintiff's trademark is a "use in commerce" of the mark that may be infringing, the U.S. District Court for the District of New Jersey ruled July 17 (800-JR Cigar Inc. v. GoTo.com Inc., D.N.J., No. 00-3179, 7/17/06).
The court adopted the reasoning of Government Employees Insurance Co. v. Google Inc., 330 F. Supp. 2d 700, 73 USPQ2d 1212 (E.D. Va. 2004) (69 PTCJ 186, 12/24/04 ), for the proposition that keyword-based advertising amounts to a use in commerce of a trademark where the mark serves as an invisible trigger to display a competitor's ad. . . .


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