Deceptive Keyword Suits Push Limits Of False Ad Claims

Law360, New York (September 23, 2011, 12:02 PM EDT) -- Courts and regulators are likely to expand traditional false advertising law to cover the purchase of misleading online keywords, as they continue to grapple with a new breed of cases accusing advertisers of electronically linking unsubstantiated descriptive words to their products, attorneys say.

These suits stretch the bounds of traditional deceptive and misleading advertising claims, with competitors alleging that the keywords, whether they are trademarked words or general descriptive terms, unfairly describe the products or services being offered by the advertiser.

Until recently, advertisers had targeted their...
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