• Can Use of Another’s Trademark in an AdWord Constitute Infringement?
  • February 26, 2014 | Authors: Heather A. Cameron; Lisel M. Ferguson
  • Law Firm: Procopio, Cory, Hargreaves & Savitch LLP - San Diego Office
  • 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?