Prof Goldman reviews the latest case, Buying for the Home, LLC v. Humble Abode, LLC, 03-CV-2783 (JAP) (DNJ Oct 20, 2006), and, noting that recent cases have been alternating in their holdings, confidently predicts that because this case held that keyword buying is use in commerce, the next such case will hold that it is not a use in commerce.
Last month’s contradictory result here.