Trademark owners face fresh battles in the US


Robert Kenney and Katie Peden

In 2011, US trademark case law presented several updates and continuations of ongoing battles. These cases dealt with keyword advertising, dilution, and aesthetic functionality.

Keyword advertising

Two cases in the US Court of Appeals for the Ninth Circuit clarified some of the relevant factors to be considered in cases involving the purchase of competitor trademarks as keywords, but provided conflicting results.

In March 2011, the Ninth Circuit overturned a preliminary injunction prohibiting the purchase of a competitor’s trademark as a keyword. The injunction was issued by the US District Court for the Central District of California in Network Automation, Inc v Advanced Systems Concepts, Inc.

louboutin, ninth circuit, sopa, levi strauss