Ninth Circuit Court Weighs In on ‘Conquesting’ in Landmark Digital Marketing Case

In a recent ruling, the U.S. Court of Appeals for the Ninth Circuit evaluated the legality of “conquesting,” a marketing practice involving the purchase of competitors’ search engine keyword terms. At the core of Lerner & Rowe PC v. Brown Engstrand & Shely LLC, 119 F.4th 711 (9th Cir. 2024), lies the question of whether this method might result in consumer confusion, potentially qualifying as trademark infringement under the Lanham Act. This case offers further insight into the evolving landscape of digital marketing and trademark law.