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The PPC Trademark Battle Continues
The Second Circuit's recent decision in Rescuecom Corp. v. Google, Inc. is but one more step in a long-standing battle that's likely to continue for some time; it's been five years already, and the court merely ruled on a technicality that allows the case to run longer still. Most Google users and advertisers are blissfully unaware of what's going on, and even many involved in Internet commerce don't understand the implications. One CEO recently told me point blank that the use of trademarks in PPC advertising was a resolved issue: “It's illegal,” he said.
Well, it's a little more complicated than that. In fact, few people even seem to realize that there are actually two ways to use keywords in Pay-Per-Click (“PPC”) advertising, though only one is at issue in Rescuecom v. Google.
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