Originally posted 2011-12-21 08:40:46. Republished by Blog Post Promoter
First posted on March 11, 2011.
Here’s a roundup of what other people are saying about the decision in Network Automation, Inc. v. Advanced System Concepts, Inc. involving keyword advertising using other folks’ trademarks (a form of the dreaded “diversion“!) and perhaps implicating secondary liability for trademark infringement:
- Marty Schwimmer: “‘Forget it Jake, It’s the Ninth Circuit’ – I’m stealing that joke from Prof Tushnet’s critique of the Network Automation keyword case. I agree with much of her analysis, however I disagree with her (and this panel’s) view of channels of trade as a LoC factor, but that’s an argument for another day. Also, check out Prof. Goldman’s discussion.”