Utah Tries To Ban Keyword Advertising On Trademarked Terms

from the bad-ideas dept

For many years, companies have tried suing either Google or various competitors over keyword advertising on their trademarks. Say Coca-Cola decided to buy an ad based on the word "Pepsi." There shouldn't be anything wrong with that. The ads are clearly advertisements, and there's nothing illegal with advertising your product in places where people are looking for info about competitors. Lately, it appears that judges have figured out how to rule properly in these cases -- recognizing that trademarks don't give the holder full control over the trademarked term, but are merely to prevent consumer confusion (i.e., Coca-Cola pretending to be Pepsi). However, it appears that the loser in one of these cases has convinced the Utah legislature that this is a big problem -- and now there's actually a law in Utah that bans the buying of trademarked terms in keyword advertising. Even Utah's own General Counsel warned the legislature that the law was unconstitutional, but they went ahead and approved it anyway. As the EFF notes, it's likely the law will be challenged and thrown out, but it will cost Utah taxpayer money to defend it in court.

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  1. identicon
    Thinkerati, 3 Apr 2007 @ 4:30pm

    Re: If only if only

    "If only Missouri had finished the job. I personally think the order that Mormons complain as a curse would have rid us of 99% of the problems in the US. Without Mormons there would be no Mitt, no republicans, no Iraq war, and no Utah. They represent everything that is un American."

    Not only is this whole statement riddled with poor logic, it has no bearing on the original post. The original post is about a bad trademark law, not any religion. A post about foolish state legislators in the State of Utah is not the same thing as a discussion about Mormons. If this had happened in another state (which it easily could have, lobbyists are everywhere), nobody would have started bashing the predominant religion in that state--because that would have been stupid and irrelevant.

    And, The Truth, do you really think a church that only constitutes around 2% of the population in the United States is responsible for "99% of the problems in the US"? Frankly, with comments like that (and your mentally unstable statement implying that you wish that all Mormons had been "exterminated" by the State of Missouri in the 1800s) I'm surprised you were even capable of reading the original post about trademarks...

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