Those bringing lawsuits claiming that bidding on competitor trademark keywords is a form of infringement aren't doing well in court. Though a few cases have made it past one court or another, those and others are getting caught up in the Second Circuit.
This will be a summary, as free as possible from the legalese
Simpler, to paraphrase the judge: If you ask for a Coke and they bring you a menu of competing colas, that is offering a choice of drinks, not giving Pepsi and saying it's Coke; If Burger King opens a store next to McDonald's, it is competing for McDonald's business, not pretending to be McDonald's.
And so it goes with sponsored ads, says the judge.
Competitor Keyword Suits Not Doing Well
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