And the Keyword Beat Goes On
Eric Goldman's Technology & Marketing Law Blog offers an excellent analysis of the latest district court decision to weigh in on the question of whether the purchase of a Google keyword ad that uses a competitor's trademark or the use of that trademark in the defendant's metatags constitutes a trademark use "in commerce" under the Lanham Act (and the equivalent state trademark laws). Better yet, Eric saves me from having to update Pete's update of my original post on the topic. This latest decision, FragranceNet.com, Inc. v. FragranceX.com, Inc., (E.D.N.Y. June 12, 2007), is the fourth one in a Second Circuit jurisdiction holding that buying a keyword ads is not a trademark use in commerce. The lesson for would-be trademark plaintiffs: sue outside the Second Circuit.
