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Significant Twist in Pay-per-click Trademark Issues

Kristen Lindsey - Thursday, April 16, 2009



MarketingVox reported this morning that the Second Circuit Court of Appeals overturned a 2006 ruling on buying trademarked search terms. The decision means that buying trademarked terms could be a violation of law.

This is the first decision of its kind and will have a serious impact on keyword buying practices, particularly in competitive industries.

What it means to you: if you have been buying search terms that are competitor names, and those competitors have trademarked those business or product names, this decision could place you on the wrong side of the law.

What do you think about this decision? Is it overdue protection of commercial proprty? Or is is the start of a slippery slope that could imperil the keyword buying concept? Share your thoughts.



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