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In a very closely watched case involving trademarked keywords in advertising against Google, the supreme court passed on hearing the case.
The case had been in the Ninth Circuit where they had held that buying a competitors keywords was not a violation of trademark and that it did not violate the Lanham Act.
At the heart of this case is Google’s advertising model, which allows advertisers to bid on keywords – including those that are trademarked—to display their ads. This practice has been contentious, with trademark holders arguing that it can lead to consumer confusion and dilute brand identity.
However, courts have generally held that using a competitor’s trademark as a keyword does not constitute infringement unless the resulting advertisement is misleading or likely to cause confusion about the origin of the goods. This principle was reaffirmed in a recent case where the court found that only a negligible fraction of consumers were misled by such advertising practices
As the CEO and founder of Pubcon Inc., Brett Tabke has been instrumental in shaping the landscape of online marketing and search engine optimization. His journey in the computer industry has spanned over three decades and has made him a pioneering force behind digital evolution. Full Bio
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