Monday, 8 January 2007

Can You Use Trademarks as Keywords? Another Court Says "Yes"

As I discuss more fully elsewhere, a Federal court in Pennsylvania has held that it is OK to use trademarked terms as both Adwords keywords and as keywords in your meta-tags. In the case J.G. Wentworth SSC Ltd v. Settlement Funding LLC, the court dismissed the case because it found "as a matter of law" that consumers would not be confused by such a use of trademarked terms, which is a necessary element of a successful trademark violation lawsuit. However, the court did find that such a use is a "use in commerce," which is another necessary element of a successful suit.

Generally, it seems to me that the weight of court opinions is moving more and more to the side of the advertiser rather than the trademark holder when the use of the trademarked term is as a keyword.

Technorati Tags: , , ,