LexisNexis® Legal Newsroom
Up in the Air of Cyberspace - Keyword Advertising and Trademark Infringement

By Jane Tucker Is the use of your trademark as a keyword in online advertising an infringement on your trademark? The issue of whether the search engine provider that sells the keyword is liable for trademark infringement is still up in the air in the United States. In Rescuecom Corp. v...

The Keyword Plot Thickens as the Internet Troika Suffers Its Demise at the Hands of the Sleekcraft Factors: Ninth Circuit Addresses Confusion and Keywords

It is not too early to wax nostalgic about the Internet and trademark infringement. It seems so long ago that the Ninth Circuit, in discussing metatags and initial interest confusion, said: Using another's trademark in one's metatags is much like posting a sign with another's trademark...

Bullivant Houser Bailey PC: Will Ninth Circuit Decision Open Floodgates on Bidding for Trademarked Keywords?

By Daniel T. Rockey In an opinion that will cause many companies to rethink their Internet advertising strategies, the 9th Circuit Court of Appeals held in Network Automation, Inc. v. Advanced Systems Concepts , Inc. , Case No. 10-55840 (March 8, 2011) [ enhanced version / unenhanced version ...

Foley & Lardner LLP: Keyword Advertising Retargeted for New Uses

By Jonathan E. Moskin A recent survey among in-house and outside trademark counsel conducted by the World Trademark Review found that among both groups, keyword advertising ranks among the top three leading concerns. See Adam Smith, Rewriting the Contract Between In-House and External Counsel, ( WTR...

Troutman Sanders LLP: Rosetta Stone Challenges Use of Trademark Language Online

By Matthew Osborne Late last month, the United States Court of Appeals for the Fourth Circuit heard arguments in a case accusing search giant, Google, of violations of federal and state trademark laws when it sold keyword advertising based on Rosetta Stone's marks to competitors, some...

Fame, Flowers and Internet Advertising: CJEU Rules in Interflora

By Darren Meale , Associate and Anthony Trenton , Partner SNR Denton UK LLP The Court of Justice of the European Union (the CJ) has broadly approved the use by advertisers of their competitors' famous trade marks to trigger the display of sponsored listings on search engines Background...

Fourth Circuit Offers Google Some Unfavorable “Keywords” in Rosetta Stone’s Trademark Appeal

Rosetta Stone's trademark/keyword lawsuit against Google was given new life today when the Fourth Circuit vacated in part an order granting Google summary judgment. Rosetta Stone v. Google, Inc ., 2012 U.S. App. LEXIS 7082 (4th Cir. 2012) [ enhanced version available to lexis.com subscribers ...

Troutman Sanders LLP: Rosetta Stone Opinion Clarifies Standard for Trademark Infringement Claim in Keyword Advertising Context

By Douglas "Doug" D. Salyers , James Moore Bollinger , Mark S. VanderBroek and Michael "Mike" D. Hobbs Jr. In Rosetta Stone v. Google [ enhanced version available to lexis.com subscribers ], the U.S. Court of Appeals for the Fourth Circuit recently clarified the legal standard...

McNees Wallace & Nurick LLC: Why Wait To Register? Trademark registrations are quickly becoming the only cost effective means to defend brands online

By Brian P. Gregg Investing in a trademark registration is becoming the only effective means for defending a brand online at relatively modest costs. Business owners who do not own federal registration for their trademarks are seeing their ability to protect their marks on the Internet shrink at the...

Unauthorized Use of Trademarks in Keyword Advertising

Rosetta Stone Ltd. v. Google, Inc ., 676 F.3d 144 (4th Cir. 2012) [ enhanced version available to lexis.com subscribers ] presented the Fourth Circuit with challenging questions involving federal trademark infringement and dilution claims in the context of Google's keyword advertising program. The...