Keyword Advertising: Originally Published in The IP Book (Minnesota CLE, 2011)

The IP Book 9th Edition Published by Minnesota CLE

Mark Privratsky, Co-Author

If any aspect of trademark infringement has come to dominate the current crop of keyword advertising cases, it is the analysis of whether the purchase of certain keyword search terms is likely to confuse consumers. Within the past few years the earlier legal issue of whether the purchase of such keyword search terms constitutes “use in commerce” for the purposes of trademark infringement seems to have been answered almost unanimously as “yes.” With that legal hurdle mostly out of the way, cases have proceeded to the more fact-specific inquiry of likelihood of confusion.

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Search Tips:

You may use the wildcard symbol (*) as a root expander.  A search for "anti*" will find not only "anti", but also "anti-trust", "antique", etc.

Entering two terms together in a search field will behave as though an "OR" is being used.  For example, entering "Antique Motorcars" as a Client Name search will find results with either word in the Client Name.


AND and OR may be used in a search.  Note: they must be capitalized, e.g., "Project AND Finance." 

The + and - sign operators may be used.  The + sign indicates that the term immediately following is required, while the - sign indicates to omit results that contain that term. E.g., "+real -estate" says results must have "real" but not "estate".

To perform an exact phrase search, surround your search phrase with quotation marks.  For example, "Project Finance".

Searches are not case sensitive.