Trademarks, Search Engine Keywords and Keyword Advertising: Understanding the Risks

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


Conducted on Tuesday, January 28, 2020

Recorded event now available

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Program Materials

This CLE webinar will guide IP counsel on the legal implications around the purchase and use of key words, keyword advertising, and the intersection with trademark law. The panel will examine how courts have treated trademark infringement claims related to keywords. The panel will offer guidance for protecting trademarks and brands and avoiding trademark infringement when using keywords.

Description

Keyword advertising gets an advertisement to appear in search results listing when specific words or phrases are used in the search, thereby putting their brand in front of consumers who are searching for such goods or services right then and there. However, it also carries legal risks, and counsel must plan carefully to prevent infringement of a business' brands and trademarks.

There are several factors that you should consider before purchasing a competitor's trademark as a search engine keyword or taking enforcement action against a competitor who uses your client’s mark. While there are some upsides, such as diverting business from a competitor, there are also potential downsides, including the cost and the impact of a trademark infringement suit if there is other evidence of the likelihood of confusion.

Counsel must understand the liability framework around keyword advertising and what is and is not permissible in order to competently advise their business partners.

Listen as our authoritative panel of intellectual property attorneys examines the legal implications around the purchase and use of key words in metatags, keyword advertising, and the intersection with trademark law. The panel will examine how courts have treated trademark infringement claims related to metatags and keyword advertising and discuss likelihood of confusion, actual confusion, degree of care, and the fair use defense. The panel will also offer guidance around protecting trademarks and brands against third party misuse and avoiding trademark infringement when using keywords.

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Outline

  1. Overview of keyword advertising
  2. Intersection of trademark law and online advertising
  3. Liability for trademark infringement
  4. Best practices for protecting marks and minimizing liability exposure

Benefits

The panel will review these and other key issues:

  • Challenges facing trademark owners when using keyword advertising
  • Liability exposure to trademark infringement claims in online advertising
  • Steps to protecting against trademark infringement in online advertising

Faculty

Barry, Jennifer
Jennifer L. Barry

Partner
Latham & Watkins

Ms. Barry has significant experience in all aspects of commercial intellectual property, including trademark...  |  Read More

Matheson, Julia
Julia Anne Matheson

Partner
Hogan Lovells

Ms. Matheson provides practical and business-savvy trademark solutions to major brand owners and startups alike. She...  |  Read More

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