Clarifying Standards In Keyword Ad Cases

Law360, New York (March 29, 2011, 12:12 PM EDT) -- On March 8, the Ninth Circuit in Network Automation Inc. v. Advanced Systems Concepts Inc., No. 10-55840, provided much needed clarification of how courts should approach cases of alleged trademark infringement involving Internet keyword advertising.

The court ruled that the eight-factor test announced in AMF Inc. v. Sleekcraft Boats, 599 F.3d 341 (9th Cir. 1979), which is traditionally considered in assessing likelihood of confusion, should be applied flexibly, and its factors are not exhaustive. The court also rejected the mechanical application of the so-called “Internet Troika”...
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