NY: Purchase of Keyword Is Not Use of Trademark In Commerce

Following on the heels of Site Pro-1 v. Better Metal, the Eastern District of NY has again held that neither use purchase of a keyword nor use of a competitor’s trademark in a meta-tag, rises to use of a trademark. Congratulations to my Moses and Singer colleague David Rabinowitz, who successsfully represented defendant.
Copy of decision in FragranceNet .com v. FrangranceX.com here.
Prof Goldman analysis here on why the Second Circuit has become a pro-defendant forum in search engine cases.

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