Category Archives: Keyword Advertising

IPLAC High Tech Committee – 11/16/2007

The first of the IPLAC High Tech Committee’s lunchtime discussions will be held on November 16, 2007 at John Marshall Law School from 12-1:30. As the chair, I can say that I am really excited to have this come together.

If you can join us, please do! The details on how to register are in the flyer.


Please join the IPLAC High Tech Committee on November 16, 2007 from 12:00-1:30 PM at John Marshall Law School for a presentation by Christopher J. McGeehan entitled “Secondary Trademark Infringement Liability on the Internet: A Comparison of American and International Approaches.” This is the first presentation of our Lunchtime Discussion series. The members of the High Tech Committee will lead a discussion of this topic after the presentation. The registration fee of $15.00 covers the cost of a box lunch and a beverage.

INTA 2007: Muddy waters: Evolving Law and Policy on Internet Advertising

I attended the session this morning at INTA 2007 on Internet advertising, specifically the focus was on keywords but popups were discussed as well. The speakers were Peter Becker of Microsoft, Laura Covington of Yahoo, Lauren Fisher of AOL, and Rose Hagan of Google.

The most interesting part for me was a comparison of the different notice and takedown procedures implemented by each company. In particular, Google is unique in that it takes down all uses of a competitor’s trademark, even in cases of fair use such as in comparative advertising. While broader than what the law requires, it was easier for Google to administrate such a policy because, as the other speakers admitted, it is hard to scale a system which requires a balancing of factors like fair use.

I would have appreciated a more thorough analysis of whether using a trademark as a trigger for the display of an advertisement is a trademark use. Some courts say yes, and others say no. The speakers, of course, were advocating the more favorable to them “no”, but it is a complicated issue that deserved better.

Overall, the session was a good one, quite packed in terms of attendees. I was glad to have found a seat near the front.