Legal Issues

by Mike Masnick




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
    SomePerson, 4 Apr 2007 @ 8:04am

    Re:

    Is Utah filled (with) mormons or morons?




    Those two words mean the same thing. So, take your pick.

    Mormon = moron and vice versa. Not surprising to me that the state of UTAH is yet again pulling something like this. They don't seem to think they fall within the rules of the US constitution. I still say they should break away from the 50 states and form their own mormonic (or moronic) country.


    I'm so sick of hearing about all this crazy $hit the Mormons are in UTAH are doing. Enough. We are not all perfect and holier than thou like you morons are...please check your religion at the door and don't force it upon the rest of our country.

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