Archive for February 23rd, 2008

Keyword Ads and The Public’s Domain in Trademark Law

Image: registered keyWhen you type a phrase like “Ford models” into a search engine, you aren’t necessarily searching for the Ford Motor Company.  You may be searching for information from news sources to learn if Ford tires still catch fire. If that were the case, you’d probably want an disinterested analysis from outside the company.  Or you may want something totally different: the Ford modeling agency, a toy model of a car, or a tiny likeness of a former president.

The point is, consumers, particularily those on the Internet, are active judges of information. They navigate multiple meanings of words as they search for useful information. Trademarks promote the efficiency of commercial speech by exclusively assigning brands to owners. This allows consumers to discuss or compare “The Hummer” and “The Canyonero,” as unambigious branded entities.

Continued

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