HILARY J. SUMNER
Creating Assets from Innovations

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IP In the News

Use of Keywords Containing 3rd Party Trademarks Does Not Constitute Infringement

Posted on June 26, 2013 at 11:50 AM

1-800CONTACTS recently filed a trademark infringement and likelihood of confusion suit against Google.  Ads sponsored by competitors would appear when users performed a Google search on the 1800CONTACTS term.  The US Court of Appeals for the 10th Circuit recently held that use of a 3rd party's registered mark in a keyword search does not inherently constitute trademark infringement nor does it create a likelihood of confusion.

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Categories: TRADEMARK ARTICLES, BUSINESS, CONTRACT & MARKETING ISSUES, LIABILITY ISSUES

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