The Future of Trademark Litigation over Keyword Searches after the Second Circuit’s Rescuecom Decision

June 1, 2009

For many years, search engines and their advertising customers fought a jurisdictional battle against trademark owners asserting infringement actions over the sale of their marks as keywords to trigger both search results and advertising. The largest search engine, Google, has an AdWords program that sells keywords (often trademarks) to advertisers that trigger a "sponsored link," either above or to the side of the actual search, containing an advertisement and a link to the advertiser's own website.