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Keyword Advertising and Trademark Infringement Update

By Richard Raysman and Peter Brown

According to the latest report from Internet World Stats (dated March 2011), there are an estimated 2.1 billion Internet users worldwide ' 272 million in North America alone ' navigating through billions of indexed Web pages. For businesses and advertisers, these numbers mean an enormous pool of potential shoppers and clients, and one of the principal ways to reach them is through advertising on search engines.

Keyword advertising involves the purchase of generic or trademarked keywords to trigger sponsored ads alongside the list of search engine results. This advertising remains an indispensable online marketing tool, but has spawned a raft of litigation pitting trademark holders against their competitors and the search engines that are auctioning trademarks to third-party advertisers for use in paid keyword advertising.

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