Trademarks, Search Engine Keywords, and Keyword Advertising: Understanding the Risks

Keyword advertising gets an advertisement to appear in search results listing when specific words or phrases are used in the search, thereby putting their brand in front of consumers who are searching for such goods or services right then and there. However, it also carries legal risks, and counsel must plan carefully to prevent infringement of a business' brands and trademarks.

There are several factors that you should consider before purchasing a competitor's trademark as a search engine keyword or taking enforcement action against a competitor who uses your client's mark. While there are some upsides, such as diverting business from a competitor, there are also potential downsides, including the cost and the impact of a trademark infringement suit if there is other evidence of the likelihood of confusion.

Counsel must understand the liability framework around keyword advertising and what is and is not permissible in order to competently advise their business partners.

Listen as our authoritative panel of intellectual property attorneys examines the legal implications around the purchase and use of keywords in metatags, keyword advertising, and the intersection with trademark law. The panel will examine how courts have treated trademark infringement claims related to metatags and keyword advertising and discuss likelihood of confusion, actual confusion, degree of care, and the fair use defense. The panel will also offer guidance around protecting trademarks and brands against third-party misuse and avoiding trademark infringement when using keywords.