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Much Ado About Standards of Review (But Not All That Much About AdWords)

While on the surface the <i>Rosetta Stone</i> opinion might seem to be a public rebuke of the merits of Google's AdWords program, on closer scrutiny it is clear that the Fourth Circuit's opinion is more properly read as a reprimand of the district court, which, according to the Fourth Circuit, improperly mixed its standards of review and made a hash of the functionality doctrine in the process.

41 minute read July 30, 2012 at 11:57 AM
By
Timothy Denny Greene
Much Ado About Standards of Review (But Not All That Much About AdWords)

On April 9, in Rosetta Stone Ltd. v. Google Inc., No. 10-2007 (4th Cir. Apr. 9, 2012), the Fourth Circuit issued the latest opinion in the Google AdWords wars, this time in support of the challenger, Rosetta Stone.

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