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Has the Law of Fair Use Caught up with Keyword Litigation? |
July 20, 2009
Previously published by Advertising Age on May 20, 2009
Is using someone else's trademark in search-engine advertising - either as part of the keyword that triggers the ad or the ad itself - infringement? It's a multibillion-dollar industry, and courts have issued more than 25 keyword decisions, but trademark law is still catching up and the answer is far from clear.
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The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. |
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