Ninth Circuit Clarifies Test for Keyword Advertising Cases

World Trademark Review Daily
March 2011

The Ninth Circuit’s decision in Network Automation v. Advanced Systems Concepts., saw the court “modernize” the multi-factor test used to assess likelihood of confusion in the Ninth Circuit. In concluding that Network Automation’s purchasing of a “keyword” consisting of Advanced Systems’ trademark did not result in actionable confusion, the court recognized that evaluating whether confusion is likely in the internet context requires a more flexible approach than in traditional cases.

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