A fifth federal court has declared that keyword advertisements and use in website metatags are not considered "use in commerce," providing a bigger shield for those that would use competitor keywords in their campaign.
Those bringing lawsuits claiming that bidding on competitor trademark keywords is a form of infringement aren't doing well in court. Though a few cases have made it past one court or another, those and others are getting caught up in the Second Circuit.
A resounding "DOI!" came springing out of the Utah legislature late last week as lawmakers acknowledged they should have done a little background work, or at least listened to all the squalling, before they passed the Trademark Protection Act.