Electronic media poses new challenges for the interpretation of the Lanham Act. It presents situations where marks are used in nontraditional ways. In particular, the use of keyword advertising, where words are linked to advertisements in a web page, may stretch the limits of the Lanham Act. A 2nd Circuit decision in Rescuecom Corp. v. Google, Inc., 562 F.3d 123 (2d Cir. 2009), redefined a “use in commerce,” one of the basic criteria required to prove trademark infringement. The 2nd Circuit’s position on keyword advertising has served as a basis for other judicial interpretations of keyword advertising in the context of Lanham Act claims.
TRADEMARK INFRINGEMENT UNDER THE LANHAM ACT
