Can One's Trademark Be Another's Keyword? Recent Case Developments and the Future of Keyword Advertising
January 19, 2010
This installment of our Internet Generation Web conference series focused on the current state of the law with respect to whether keyword advertising constitutes actionable “use” under the Lanham Act, whether it gives rise to trademark infringement or other claims, and what protections are, or should, be available to search engines and advertisers.
Guest Speaker: R. Holland Campbell, Counsel, ESPN, INC.
Ms. Campbell joined Foley attorneys Jonathan Moskin and Craig S. Fochler for a discussion of the following:
- Some of the key cases in this area, including relevant statutory, precedential, and public policy issues
- Whether, under principles of fair use, safe harbors or other protections exist for search engines or advertisers who offer and use keyword advertising
- Practical suggestions for both brand owners and others who use keyword advertising
People
Related Insights
December 19, 2025
Health Care Law Today
Gender Affirming Care for Minors: CMS and HHS Propose Limits on “Sex Rejection Procedures” and Expanded Enforcement Pathways
On December 18, 2025, the U.S. Department of Health and Human Services (HHS) held a press conference focused on what is defined as “sex…
December 19, 2025
Foley Viewpoints
Prohibition to Prescription: What Trump’s Marijuana Executive Order Really Means
On December 18, 2025, President Donald Trump issued an Executive Order, Increasing Medical Marijuana and Cannabidiol Research, that…
December 18, 2025
Manufacturing Industry Advisor
Foley Automotive Update
Analysis by Julie Dautermann, Competitive Intelligence Analyst Foley is here to help you through all aspects of rethinking your long-term…