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Ruling Against Contextual Ads Helps to Codify Trademark Use in Commerce

By Lewis R. Clayton
May 28, 2009

Contextual advertising ' advertising placed where it will be seen by consumers looking for competitors' products ' is everywhere:

  • Supermarket coupons strategically placed near shelves stocking competitive products;
  • Yellow-pages ads published next to rivals' listings; and
  • One company's billboards appearing near a competitor's store.

Contextual advertising is particularly significant on the Internet because the ability

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