"Keyword Advertising Update," Amanda H. Wilcox, Esq.

The Second Circuit Court of Appeals has changed its position on keyword advertising, now holding that the sale of a trademark as a keyword for generating sponsored search engine ads constitutes “use in commerce” for purposes of the Lanham Act in Rescuecom v. Google. In the wake of its defeat, Google has adopted an even more liberal keyword advertising policy. The new policy will limit the availability of Google’s complaint process, leaving many brand owners with one less method for stopping the unauthorized use of their trademarks in sponsored ad text.