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Competitor Keyword Bid Could Bring Lawsuits - 01-11-2008

The issue of whether bidding on a competitor's trademark keyword for search advertising constitutes "use in commerce" isn't one that is settled yet, and may not be settled for some time. That's not going to stop the lawsuits, though.

Or seemingly duplicitous behavior.

There have been several Second Circuit court rulings that it's okay to bid on your competitor's keyword in search advertising and that it does not constitute use in commerce.

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