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Perspective

May 21, 2009

Will Google Have The Last Word?

Current federal trademark law does a relatively poor job of addressing the issue of keyword advertising, write Rami S. Yanni and Jerod Partin.

By Rami S. Yanni and Jerod Partin

In a decision that may have far-reaching implications for search engine providers in the United States, the U.S. Court of Appeals for the 2nd Circuit has ruled that Google's use of trademarks as keywords to trigger advertising on its search results pages constituted "use in commerce" that could potentially infringe those trademarks. The decision in Rescuecom Corp. v. Google Inc., which is the latest of nume...

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