Keyword Advertising — The Battle Continues

Law360, New York (March 2, 2011, 2:29 PM EST) -- The past six years has seen a spike in litigation regarding keyword advertising. While most of the public debate about the issue has focused on high-profile cases against Internet search engines, the majority of the cases are between business competitors.

Trademark owners argue that keyword buyers are attempting to capture their potential customers through the unauthorized use of their marks and goodwill. The keyword buyers, on the other hand, argue that keyword searching, and the resulting sponsored ads, are not confusing to consumers, but offer consumers...
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