Ninth Circuit Nine Plus — Settling the Law with Regards to Internet Keyword Advertising and Trademark Use

49 Pages Posted: 25 May 2015

Date Written: May 22, 2015

Abstract

This note examines the ambiguity of the current law in the area of trademarked keyword advertising and the circuit split that contributed therein. Further, it will argue that for all intents and purposes the purchase of a trademarked keyword for the purposes of advertising is no different than any other trademark use, and thus should be treated in the law uniformly. Currently, in the Second Circuit, the “use” of a keyword for the purposes of the Lanham Act is more stringently looked at than other trademark uses. The bar is thus set highest on just the area of law where the most growth and future potential for infringement lies.

Keywords: internet keyword advertising, google adsense, trademark, IP

Suggested Citation

Leahey, Andrew, Ninth Circuit Nine Plus — Settling the Law with Regards to Internet Keyword Advertising and Trademark Use (May 22, 2015). Available at SSRN: https://ssrn.com/abstract=2609515 or http://dx.doi.org/10.2139/ssrn.2609515

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