Tough Road For Keyword Ad Suits After Rosetta Stone Deal

Law360, New York (November 19, 2012, 9:55 PM EST) -- The recent settlement between Rosetta Stone Inc. and Google Inc. leaves brand owners without clear guidance on how trademark law applies to the use of keywords in online ads, and the daunting prospect of taking on the search giant may dissuade further lawsuits that could answer those questions, attorneys said.

Rosetta Stone claimed that Google infringed its trademarked name by selling it as a keyword to third-party advertisers on its AdWords program, and Google initially won summary judgment. The Fourth Circuit reversed in April, finding sufficient evidence of confusion to allow the case to proceed.

Trademark attorneys and brand owners had...

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