Keyword Advertising Trademark Infringement Lawyers: Trademark infringement claims related to keyword advertising continue to rise, sometimes resulting in threat letters and litigation.  This a complex and emerging area of law which requires the assistance of attorneys who understand how courts apply trademark law to keyword advertising.

Our trademark lawyers have handled some of the most complex and hi-profile keyword infringement cases in the country.  Whether the issue involves Google Adwords keyword advertising or Yahoo Overture  advertising, we have the knowledge and experience necessary to:  (1) determine whether the use will likely be considered trademark infringement, (2) provide options for handling the infringement issues and (3) provide considered recommendations given your ROI and budget.

Free Consultation With an Experienced Trademark Attorney: Contact a Traverse Legal attorney today by email or by calling us directly for 24×7 assistance at 866.936.7447.

Frequently Asked Keyword Related Trademark Questions:

1. What is keyword trademark infringement? When someone, typically a competitor, bids on trademark protected words (typically registered trademarks) a question can sometimes arise as to whether this constitutes trademark infringement under the federal Lanham Act (US trademark statute).
2. What factors are considered in determining whether keyword advertising violates a trademark? This is an emerging area of law, and the subject of debate among trademark holder, advertisers and courts.  These matters are always fact specific which require a detailed analysis.
3. Is there a difference in bidding on trademark keywords, and using the trademark in the advertising text? Both Google and Yahoo have different keyword advertising policies.  The Google keyword advertising policy is typically considered less protective of trademarks than Yahoo’s keyword advertising policy.  These policies are subject to change.  Trademark law looks at how the keyword is used as a keyword trigger and/or the advertising text to determine if there is infringement.  Different jurisdictions handle these issues differently.
4. Online Trademark Infringement: The Unauthorized Use of Trademarks as Keywords for Online Advertisements

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GOOGLE ADWORDS TRADEMARK POLICY (updated October, 2009):

In the U.S., Google Adwords allow some ads to show with a trademark in ad text if the ad is from a reseller or from an informational site. However, if Google’s investigation finds that the advertiser is using the trademark in the ad text in a manner which is competitive, critical, or negative, Google Adwords will require the advertiser to remove the trademark and prevent them from using it in similar ad text in the future.

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YAHOO TRADEMARK ADVERTISING POLICY (updated October, 2009):   Advertisers sometimes bid on search terms that are the trademarks of others. For bids on search terms in Yahoo! Search Marketing’s Sponsored Search service, Yahoo! Search Marketing (formerly Overture Services, Inc.) requires advertisers to agree that their search terms, their listing titles and descriptions, and the content of their Web sites do not violate the trademark rights of others. In cases in which an advertiser has bid on a term that may be the trademark of another, Yahoo! Search Marketing allows the bids only if the advertiser presents content on its Web site that (a) refers to the trademark or its owner or related product in a permissible nominative manner without creating a likelihood of consumer confusion (for example, sale of a product bearing the trademark, or commentary, criticism or other permissible information about the trademark owner or its product) or (b) uses the term in a generic or merely descriptive manner. In addition, the advertiser’s listing should disclose the nature of the relevant content.

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Need Legal Assistance? Contact a Traverse Legal attorney today or call us directly for 24×7 assistance at 866.936.7447.