Ruling adds to confusion over legality of sponsored search engine keywords

[mandy]

Contradicting earlier decisions, a U.S. federal court ruled this week that the purchase by Canadian pharmacies of search engine keywords using the name of rival Merck's "Zocor" cholesterol reduction drug does not constitute trademark infringement.

Merck sued a handful of online pharmacies last year, alleging trademark infringement based on the use of the Zocor trademark on Web sites and in keywords designed to turn up sponsored links on search results pages. The lawsuit also alleged trademark dilution and false advertising.

On Thursday, the U.S. District Court for the Southern District of New York refused to dismiss the claims of trademark dilution and false advertising but dismissed the trademark infringement claim related to the keyword purchases...

full article: http://news.com.com/Ruling+adds+to+confu...g=nefd.top

related topics:
Google AdWords sued for selling Check 'n Go keyword
http://community.tuliptools.com/index.ph...572.0.html
Geico Wins Trademark Case Against Google AdWords
http://community.tuliptools.com/index.ph...,47.0.html

[jezebel]

I had to look up trademark dilution. 

http://www.bitlaw.com/trademark/dilution.html

[bargainbloodhound]

[quote author=jezebel link=topic=3231.msg11784#msg11784 date=1144039927]
I had to look up trademark dilution. 

http://www.bitlaw.com/trademark/dilution.html
[/quote]

I had to look up boinktard:

Boinktard n. - a judge at the U.S. District Court for the Southern District of New York

[Kristijntje]

A related lawsuit.  The courts siding with Google again:

A federal court on Thursday dismissed a lawsuit against Google over its practice of allowing companies to buy search-related ads that are displayed when people type in the name of a competitor.

In early 2005, computer repair company Rescuecom sued Google in U.S. District Court for the Northern District of New York, alleging that Google was violating trademark by selling ads to Rescuecom's competitors that show up next to search results when someone types in "Rescuecom."

Rescuecom argued that Google was violating trademark by attempting to "free-ride" on the goodwill associated with Rescuecom's name, preventing Internet searchers from reaching Rescuecom's Web site, altering the search results and using the trademark internally. The court rejected those arguments, saying the facts do not establish trademark use as a matter of law...

full article: http://news.com.com/Judge+sides+with+Goo...g=nefd.top