Legal Question in Technology Law in Georgia

Re: Restricting use of proper name as Internet key word

The question of whether bidding on keywords comprised of a competitor's trademarks to generate sponsored links on internet search engines has not been finally determined by any Federal appellate court in the U.S. There are a number of significant cases winding their way through the court system now, and it's anyone's guess how they will play out. There are also a number of district court cases, some in favor of the trademark owner, some against.

The most important issues for the trademark owner will be whether their trademark is inherently distinctive, and whether the mark is used by the competitor in ways other than simply the keyword (such as in the title of the search result (the link itself)). Some search engines have policies re this conduct. I think Google just changed theirs to be less favorable to the trademark owner.

Finally, if it's a global brand, the trademark owner may have the option of pursuing a claim in Germany or France, where the law is more established that such conduct (keyword bidding) is unlawful.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Glenn M. Lyon, Esq

MacGregor Lyon, LLC

Promenade II

1230 Peachtree Street NE

Suite 1900

Atlanta Georgia 30309

Phone 404.942.3545

Fax 404.795.0993

[email protected]

www.macgregorlyon.com

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