Can One's Trademark Be Another's Keyword? Recent Case Developments and the Future of Keyword Advertising

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