Ninth Circuit Ruling Raises Bar for Trademark Infringement Claims in Keyword Advertising

The U.S. Court of Appeals for the Ninth Circuit recently handed down a significant ruling regarding keyword advertising and trademark infringement. The court decided that a law firm’s use of keyword advertising, specifically a technique known as “conquesting,” did not infringe on a competitor’s trademarks. This decision suggests that alleging trademark infringement based on the confusion caused by this form of advertising may face heightened challenges.

This ruling highlights the court’s position that internet-savvy consumers are less likely to be confused by competitive keyword advertising strategies. As noted by attorneys at Mitchell Silberberg, this decision may impact future infringement litigation, setting a higher bar for plaintiffs. For more details on this recent judgment, visit the full article on Law360.