Jamie Nafziger was consulted for an article on keyword ads and trademark infringement for the Patent, Trademark & Copyright Journal. The Second Circuit and Ninth Circuit courts have produced contrary rulings on whether sale of a trademark constitutes “use” and whether it creates initial interest confusion. A reporter from the publication, Marlynne Bidos, interviewed Ms. Nafziger to discuss if pending cases could resolve issues on whether or not selling trademarked keywords to trigger advertising online constitutes infringement.
“There must be a clear way to clarify” for consumers that sponsored ads and regular listings are not the same, Ms. Nafziger remarked.
To view the full article, click on the PDF above.
Reproduced with permission from BNA's Patent, Trademark & Copyright Journal, Vol. 76, No. 1879 (Aug. 8, 2008) pp. 534-535. Copyright 2008 by The Bureau of National Affairs, Inc. (800-372-1033) <http://www.bna.com>