If you use a competitor’s trademark in order to generate keywords or search engine results, you’re going to want to read this article. FYI, you must register to see it, but it is well worth it.
Ninth Circuit confirms keyword advertising is “use in commerce” Fish & Richardson PC Andrew M. Abrams, Lisa Greenwald-Swire and Sagie S. Kleinlerer USA March 17 2011 Last week, the Ninth Circuit Court of Appeals stated outright for the first time that the use of a trademark as a search engine keyword that triggers the display of a competitor’s advertisement is a “use in commerce” under the Lanham Act. [From Ninth Circuit confirms keyword advertising is “use in commerce” - Lexology]
