https://blog.ericgoldman.org/archives/2013/08/another_keyword.htm Tue, 19 Nov 2013 17:10:17 +0000 hourly 1 https://blog.ericgoldman.org/archives/2013/08/another_keyword.htm#comment-566 Tue, 19 Nov 2013 17:10:17 +0000 http://blog.ericgoldman.org/archives/2013/08/another_keyword.htm#comment-566 […] It’s amazing to think how keyword advertising litigation has evolved in the last 10 years. There’s no way this case would have been dismissed on a motion to dismiss in 2005 (and maybe even as late as 2009-10); indeed, in 2005, this case might very well have been a quick win for trademark owners. I’ve been insisting for a while that trademark plaintiffs no longer can win keyword advertising lawsuits. This case had comparatively easy facts where the ad copy apparently didn’t reference the trademarks at all, but even in the more complicated cases where the ad copy does reference the trademarks, plaintiffs aren’t winning those either (see, e.g., General Steel v. Chumley; Allied Interstate v. Kimmel & Silverman). […]

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