One of the hot intellectual property topics for 2005 ' and perhaps beyond ' is whether the sale and use of trademarks as keywords constitutes trademark infringement, and, if so, who is liable for that infringement.
Google v. American Blind: Staying in Line with Online Advertising?
One of the hot intellectual property topics for 2005 — and perhaps beyond — is whether the sale and use of trademarks as keywords constitutes trademark infringement, and, if so, who is liable for that infringement. How the courts ultimately resolve this issue will affect the billion-dollar Internet advertising industry, those who participate in online advertising and those seeking to prevent the unauthorized use of their trademarks on the Internet. This article discusses <i>Google v. American Blind & Wallpaper Factory, Inc.</i>, 2005 U.S. Dist. LEXIS 6228 (N.D. Cal. Mar. 30, 2005), the most recent case to address the emerging issue of "markmatching" in Internet contextual advertising, and its relationship to trademark infringement.
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