Keyword Advertising and Trademark Infringement

Best Practices to Protect Brands and Avoid Liability in Online Advertising

Recording of a 90-minute CLE webinar with Q&A

Conducted on Tuesday, August 27, 2013

Recorded event now available

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Program Materials

This CLE webinar will prepare counsel to businesses using keyword advertising in e-commerce to anticipate and address trademark abuses and infringement. The panel will provide best practices to protect the client or company's trademarks from keyword abuse and to avoid infringing a third party's IP rights.

Description

Internet advertising, one of the most dynamic segments of advertising, is a significant aspect of marketing budgets to develop brand recognition and create customer goodwill. It also carries serious legal risks, and counsel must plan carefully to prevent infringement of a business' brands and trademarks.

Online advertising through programs such as Google Adwords™ brings unique new challenges for applying traditional trademark law. Recent rulings offer guidance for alleged trademark infringement cases based on keyword advertising and provide a test for keyword advertising cases.

Counsel must understand the potential abuses inherent in keyword advertising, various courts' rulings on these issues, and how to benefit from online advertising while protecting against infringement of their own trademarks as well as those belonging to others.

Listen as our authoritative panel of intellectual property attorneys examines trademark use in commerce, the courts' treatment of claims relating to keyword advertising, liability for trademark infringement, lessons from the Rosetta Stone case, and best practices for protecting trademarks and brands.

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Outline

  1. Overview of Keyword Advertising
    1. AdWords
  2. Liability for trademark infringement
    1. 1-800 Contacts v. Lens.com (10th Cir. 2013)
    2. Network Automation v. Advanced Systems Concepts (9th Cir. 2011)
    3. Rosetta Stone v. Google
  3. Best practices for protecting marks and brands
    1. Strategies to protect marks and brands
    2. Strategies to avoid liability for engaging in keyword advertising

Benefits

The panel will review these and other key questions:

  • What challenges do trademark owners face when using keyword advertising?
  • How can companies and counsel reduce liability exposure to trademark infringement claims in online advertising?
  • What are the key steps to protect against trademark infringement in online advertising?
  • What guidance can be gleaned from recent appellate court rulings for trademark infringement claims based on keyword advertising?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Katrina G. Hull
Katrina G. Hull
Michael Best & Friedrich

She is a member of the Intellectual Property Practice Group. Her practice focuses on trademark and copyright law,...  |  Read More

Mitchell H. Stabbe
Mitchell H. Stabbe
Partner
Edwards Wildman Palmer

He has over 30 years of experience in virtually all aspects of trademark law. His practice focuses on the...  |  Read More

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