Purchasing Trademarked Keywords (Part A)

If you own a business in New York, you probably want to establish an online presence for marketing and advertising purposes. One way to do this is by purchasing keywords that will direct users to your website. By purchasing keywords from Google, you can improve your results in the search listings when those keywords are searched with through Google.

There have been issues with trademarked keywords that are sold by Google and other search engines. The issue is that trademarked keywords have been purchased by entities other than the owners of the trademarks. For example, The LVMH Group, owners of the brands Louis Vuitton and Moet Hennessey, accused Google of trademark violations when Google linked keywords "Vuitton" and "LV" to websites selling counterfeit goods.

In fact, Google has defended a number of lawsuits related to trademarked keywords. If you own a business in New York and you have a federally registered trademark, you may have an issue with someone else using your trademark for advertising purposes. If so, you can get the help from a New York trademark lawyer.

Rescuecom Corp. vs. Google

Google has been successful in many lawsuits filed because of trademarked keywords but in the case of Rescuecom vs. Google, the search engine giant was dealt a significant blow. In this 2009 case, a court ruled that Google's keyword ad practices constituted a "use in commerce," and therefore Google was guilty of trademark violations.

Google has rigorously defended itself against trademark violations on the basis that selling trademarked keywords is important to its business. Meanwhile, trademarked keywords are a gray area when it comes to trademark law. The case of Rescuecom Corp. has opened the door for more trademark infringement lawsuits.

On the other side of the argument, you may want to purchase trademarked keywords for your business in New York.

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