Thursday, March 30, 2006

Google keyword infringement case to proceed

CNET "A court has ruled that a lawsuit over a company purchasing a rival's trademark as a search keyword should go to trial, in what could be the first case to scrutinize the trademark infringement liability of keyword purchasers.
Edina Realty sued rival real estate company, accusing it of false advertising, trademark infringement and trademark dilution. According to the suit, MLS used 'Edina Realty' in search terms purchased on Google and Yahoo, in the text of the MLS ads that appeared on the two search sites, and in hidden links and text on the MLS Web site.
'This case offers the first solid data point (in the U.S.) that buying competitors' trademarks as keywords...could constitute trademark infringement,' Eric Goldman, assistant professor of law at Marquette University Law School, wrote on his blog Wednesday."

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