Google dealt blow in keyword case

World Trademark Review Daily
April 17, 2009

In a long-awaited decision, the Court of Appeals for the Second Circuit has examined Google’s practice of selling internet “keywords” and has concluded that Google’s “Adwords” program is a use in commerce sufficient to subject Google to trademark infringement liability. The Court of Appeals remanded the case back to the district court for further proceedings, refusing to rule on the ultimate question of whether Google’s sale of trademarks through its “Adwords” program was an activity that was likely to give rise to consumer confusion or mistake.

View Attachment (PDF)