Using Trademarks In Search Words, Metadata

Law360, New York (January 6, 2009, 12:00 AM EST) -- On November 25 of last year, Daniel C. DeCarlo explained the “growing rift between the Second Circuit and everywhere else” as to whether purchase of another’s trademark as a search-engine keyword, or use of another’s trademark in Web site metadata, constitutes “use in commerce” for trademark infringement purposes.

In the Second Circuit, use of a rival’s trademark to generate advertising for, and/or a sponsored link to, the advertiser’s Web site is not infringement of the rival’s trademark because a trademark is used “in commerce” only when...
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