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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Trademark and Copyright

Date & Time
  • event Date

    Tuesday, February 7, 2023

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

$347.00

This course is $0 with these passes:

CLE
ALL

This CLE course will guide IP counsel on the legal implications around the purchase and use of key words, keyword advertising, and the intersection with trademark law. The panel will examine how courts have treated trademark infringement claims related to keywords. The panel will also offer guidance for protecting trademarks and brands and avoiding trademark infringement when using keywords.

Faculty

Jennifer L. Barry
Partner
Latham & Watkins LLP

Ms. Barry has significant experience in all aspects of commercial intellectual property, including trademark prosecution and worldwide trademark portfolio management; trademark and trade dress infringement counseling and litigation; trademark licensing counseling and litigation; domain name portfolio management and recovery of domain names; and website/e-commerce counseling and litigation.

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Julia Anne Matheson
Miscellaneous

Description

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.

Outline

  1. Overview of keyword advertising
  2. Intersection of trademark law and online advertising
  3. Liability for trademark infringement
  4. Best practices for protecting marks and minimizing liability exposure

Benefits

The panel will review these and other key issues:

  • Challenges facing trademark owners when using keyword advertising
  • Liability exposure to trademark infringement claims in online advertising
  • Steps to protect against trademark infringement in online advertising