The document discusses trademark usage in keyword advertising, highlighting the legal complexities surrounding the practice. It explains that advertisers can bid on keywords to trigger their ads, leading to trademark disputes focused on whether such usage constitutes 'use in commerce' or 'fair use.' Several court cases are referenced, demonstrating that using trademarked terms as keywords may not violate trademark law under certain conditions.

1. Trademarks
in
AdWords
Fox Valley Computing Professionals
July 13, 2009
Eric Michalsen
eric@michalsengroup.com

2. I am NOT a
Lawyer
...but I married a pretty one who did not help
me in anyway...
so any information you gleam from this, well, you are on your own.
Seriously, I didn't even graduate college. Don't get me wrong, I love Perry Mason, I just don't know a thing about the LAW,
so if you take anything out of this, take this: Find your own counsel.

3. ...what this is about
Keyword advertising allows advertisers to
select, for each of their ads, keywords that will
cause those ads to appear on search result
pages.

4. ...mechanics
Advertisers bid on a keyword by indicating the
maximum price they are willing to pay each
time a user clicks on the ad.

5. Got Cash?
The highest bidder does not always get
the highest ranking.

6. Trademark owners complain that the sale of
their trademarks as keywords is an improper
attempt to profit from the goodwill of their
marks.

7. These cases turn on whether such purchase is
a “use in commerce” of the mark or a “fair
use” of the mark.

8. J.G. Wentworth v. Settlement Funding, LLC
Court siding with advertisers, ruled that
using trademark-protected words to
trigger internet advertising does not
violate trademark law.

9. Geico vs. Google
Google’s practice of using the mark “Geico” as
a search word or keyword in Google’s
advertiser program, a federal trial court ruled
that using marks as keywords to launch
advertising does not indicate a trademark
violation provided that the mark does not
appear in the sponsored links.

10. Playboy vs. Bunny, Terri Welles
In her site which included the trademarks
“Playboy” and “Playmate” in her meta tags,
the Court found that because Ms. Welles
was in fact a Playmate, including Playmate of
the Year, and that the use of these marks in
her meta tags was ”fair use”.
The mark was actually part of Ms. Welles
identification.

11. Thank You !
The Fox Valley Computing Professionals
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Eric Michalsen eric@michalsengroup.com