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Can Use of Another’s Trademark in an AdWord Constitute Infringement?



by Heather A. Cameron
Procopio, Cory, Hargreaves & Savitch LLP - San Diego Office

Lisel M. Ferguson
Procopio, Cory, Hargreaves & Savitch LLP - San Diego Office

February 26, 2014

Previously published on February 2014

You have just negotiated a settlement between your client and a trademark infringer. The bad guy has admitted infringement, and you are drafting a settlement agreement when a dispute arises. The bad guy refuses to agree not to purchase AdWords containing your client’s trademark to advertise his products through various search engines, arguing that the purchase of AdWords containing your client’s trademark does not constitute infringement. You are skeptical, believing that the infringer is attempting to engage in further nefarious behavior. Your client wants to know: can a trademark owner prevent others from purchasing AdWords or “Sponsored links” containing his trademark?


 

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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Author
 
Heather A. Cameron
Lisel M. Ferguson
Practice Area
 
Intellectual Property
 
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