Trademark Usage In Search Engine Advertising

Law360, New York (October 27, 2008, 12:00 AM EDT) -- A recent case from the District Court of Minnesota has cemented a split of authority on what constitutes “use in commerce” for purposes of trademark infringement in the context of Internet usage. Hysitron Incorporated v. MTS Systems Corporation 2008 U.S. Dist. LEXIS 58378 (D. Minn., Aug. 1, 2008). As will be explained in this article, there is a growing rift between the Second Circuit and everywhere else on this issue.

A significant amount of trademark litigation has been spawned by the following two fact patterns: (1)...
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