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Google Adwords: Liability for using trademarks as keywords

August 1, 2011

Google's Adwords allows you to purchase keywords which, when searched for, will return your product or service as a sponsored link in Google's search results.  In this article, Bill Galkin notes that this practice can run afoul of the trademark laws, as it allows one business to purchase the keywords of a competitor.  Mr. Galkin posits that whether this exposes the keyword purchaser (and, of course, Google) to trademark infringement liability depends on the likelihood of confusion which this would cause in the trademark holder's rights, and offers advice to businesses seeking to market themselves via Adwords. 

- Summary by FizzLaw Team

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Google Adwords: Liability for using trademarks as keywords