Second Circuit Against The Rest Of The Country re: Keywords As Use In Commerce

Prof. Goldman: Kentucky Court Votes Keyword Ads = TM Use In Commerce:

Either way, this case reinforces the pattern that Second Circuit-controlled courts aren’t finding trademark use in commerce from keyword triggering and all other courts are. In that respect, this ruling is reminiscent of the American Airlines v. Google ruling, where the court declined to dismiss the complaint without any substantive explanation.

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