Legality of Trademark Keyword Ads Still in Question

Law360 (April 27, 2007, 12:00 AM EDT) -- Despite the widespread use of trademarks to generate online keyword advertisements or “sponsored links,” the practice remains controversial as highlighted by two recent developments.

On April 18, a California federal court decided that Google was not entitled to summary judgment on its claim for declaratory relief that its practice of selling keyword ads triggered by American Blind & Wallpaper Factory Inc.’s (“American Blinds”) trademarks does not constitute trademark infringement. See Google Inc. v. American Blind & Wallpaper Factory Inc., No. C-03-5340-JF (RS) (N.D. Cal. April 18,...
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