Courts Split Over Trademark Issues In Keyword Cases

Law360, New York (March 28, 2008, 12:00 AM ET) -- While U.S. judges are having a hard time determining whether search engines’ keyword advertising programs are promoting trademark infringement, intellectual property lawyers say the decision seems to come down to which coast the lawsuit is filed on.

Trademark experts say plaintiffs have a good shot at pinning trademark infringement claims on their competitors or the search engine hosting the program in California district courts and the U.S. Court of Appeals for the Ninth Circuit in San Francisco, whereas defendants have a better chance of being cleared...
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