Two courts hear motions based on virtually identical facts. One dismisses the case for failure to state a claim. One grants summary judgment for the plaintiff. Huh? Welcome to the state of the case law in keyword advertising cases. On April 3, 2009, the Second Circuit Court of Appeals ruled against Google in a much-anticipated keyword case, Rescuecom Corp. v. Google Inc.3 Although the Rescuecom decision settled one area of uncertainty, much remains unresolved in the law of keyword advertising.

In this article, which originally appereared in the March/April issue of Landslide Magazine, Dorsey Partner Jamie Nafziger discusses the trends in keyword-based trademark infringement cases.

Read the full article here.