Grappling With Keywords In The 4th Circ.

Law360, New York (October 5, 2011, 2:30 PM EDT) -- On Sept. 22, 2011, the United States Court of Appeals for the Fourth Circuit heard oral argument in Rosetta Stone v. Google, a notable ongoing case in the development of the law of “keywords.”

Introduction

Rosetta Stone offers language-learning products and services, and obtained several corresponding federal registrations for “ROSETTA STONE”-related marks. Google operates the world’s most utilized Internet search engine, www.google.com. In connection with its search engine, Google offers the “AdWords” program, which “auctions” terms (e.g., “ROSETTA STONE”) as keywords that will trigger sponsored advertisements alongside actual search results. Google generated the majority of its $28 billion in advertising revenue...

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