Class 1

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Class 1

  1. 1. Keyword Advertising Battles in 2009
  2. 2. Sale of Keyword-Triggered Advertising <ul><li>Includes some words that may be third party trademarks </li></ul><ul><li>Led to a multi-front battle between trademark owners, keyword advertising sellers, and keyword advertising buyers. </li></ul>
  3. 3. Rescuecom v. Google <ul><li>District Court: Google won an easily against trademark owner because it did not requisite “use in commerce” of the trademark. </li></ul><ul><li>Second Circuit: Reversed and largely spelled out the end of any “use in commerce” defense of either keyword advertising sellers or buyers. </li></ul>
  4. 4. Effect of Rescuecom <ul><li>Hearts on Fire v. Blue Nile ( likelihood of consumer confusion ) </li></ul><ul><li>Fair Isaac v. Experian (jury found for defense that keyword-triggered ads did not create the requisite consumer confusion) </li></ul>
  5. 5. Changes in Google’s Trademark Policies <ul><li>Extended its more liberal US-based policy to nearly 200 other countries </li></ul><ul><li>Modified its US policy to do less for trademark owners </li></ul><ul><li>Response: Google was hit with about a dozen new lawsuits </li></ul>
  6. 6. Legislative Action <ul><li>Utah legislature considered regulating keyword advertising, which would make the wrangling in courts moot </li></ul><ul><li>Only applied to keyword buyers (advertisers) </li></ul><ul><li>Only applies after the trademark owner sends out a takedown notice to the advertiser </li></ul><ul><li>Limited remedies </li></ul><ul><li>Geographical restricts </li></ul><ul><li>However, the law was struck down in the Utah senate </li></ul>

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