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
    jon, 3 Apr 2007 @ 7:42pm

    wow we got way off the subject

    hahaha...

    the iraq war happened because of the mormons? wow, i don't think i ever saw that coming...

    you ought to read up on who's ancestors decided to come to this country because of religious persecution. but i digress...it only happens when the lds church is brought up...

    but as the article stated, they don't really think this will make it that far. does anyone know if these tee's were sold on tv or the radio? i'm having a hard time putting the tees together with this law. i tried to guess that it's what initiated this law, but i just don't know if it did - anyone else (from utah) have any idea what brought this about?

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