Or not.  Here’s a survey of the latest “trademark infringement by search engine” jurisprudence.

By Ron Coleman

LIKELIHOOD OF CONFUSION blog author Ron Coleman is a member of Dhillon Law Group in their New York City and Montclair, New Jersey offices. He is a graduate of Northwestern University School of Law and Princeton University.

One thought on “Google your way to infringement”
  1. […] I am somewhat agnostic about the question of whether search term advertising is absolutely never “trademark use” under the Lanham Act, actually. Different courts have held differently under comparable facts.  This is an emerging area of law, and you can hardly blame Google for desiring merely to avoid getting dragged into Lanham Act lawsuits by making a hard and fast rule. (Their lawyers are very good!)  But it should be hard and fast. From the situation here — and I have seen much of the background documentation on this — it seems that Google has applied its policy selectively. […]

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