In past articles in this newsletter on trademark infringement related to pay-per-click (“PPC”) keyword triggers, I wrote about how advertisers may intentionally use trademarked keywords to trigger the display of PPC ads (and gave my opinion ' and that of at least some courts ' that such use is not a trademark infringement). (See, “Trademarked Keywords Become Legitimate PPC Targets,” March 2011, and “The PPC Trademark Battle Continues,” October 2009.)
The Dangers of Dynamic Keyword Insertion
One aspect of PPC advertising in which keywords play a part ' and where such keyword use might be considered trademark infringement ' is the use of keywords within the text of an ad itself. Unfortunately, trademarked keywords sometimes appear in PPC ads automatically, without anyone intentionally selecting them. How is that possible? Through the use of a technique known as dynamic keyword insertion, combined with inexact keyword matching.
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