Use in commerce Articles

Company Loses Competitor Keywords In Metatags Dispute
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In a reversal of what is generally considered the real world and what is virtual, metatags suddenly matter in a court of law, even if they haven’t mattered online for some time now. For one defendant, they matter as much as just under a half-million dollars matters.

Dropping keywords into the metatags of a website is an old school SEO technique. And by old school I mean pre-googlistoric. Stuffing metatags in the age of Google, which ignores them, is about as useful as peacock feathers on an armadillo.

Google AdWords Case Is Sadly Funny
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Here’s the understatement of the week: "This wasn’t the best-argued case of the day." New York Law School professor James Grimmelmann was referring to the resurrection of computer repair company Rescuecomm’s lawsuit against Google, which was dismissed in 2006, but is now up for review by a federal appeals court.

Trademark Keyword Issue Far From Settled
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We can only expect this issue to be brought before the courts more and more, which might mean it is eventually decided by much higher courts: Does targeting your competitor’s trademark keyword in search ads constitute "use in commerce," and thus a trademark violation.