Trademark Keyword Issue Far From Settled

We can only expect this issue to be brought before the courts more and more, which might mean it is eventually decided by much higher courts: Does targeting your competitor's trademark keyword in search ads constitute "use in commerce," and thus a trademark violation.

The issue has come up time and time again from some high-profile companies in various states and in various courts. Most of the time, the courts have answered with bidding on a competitor's keyword does not violate trademark laws and is not considered "use in commerce." But a few other times, the courts have decided differently. 

The latest comes from a Kentucky court, reports

Goldman called the ruling "a thinly reasoned opinion with meager facts," but whatever the outcome, it will add to the growing number of cases addressing the issue without real resolution for the greater body of search marketers.