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Has the Law of Fair Use Caught up with Keyword Litigation? by David M. Kelly
Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P. - Washington Office
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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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