Law-Forums.org

[cruz50]

Google was selling to advertisers the right to use competitors' trademarks as "keywords" in matching user searches to advertising placement.

According to one legal analysis:

"For the most part, the courts had determined that using a trademark term [Louis Vuitton, 2010 cases] to trigger an ad was a use in commerce. Google has generally prevailed, however, because the trademark owners have had trouble proving consumer confusion."

To prove trademark infringement, the plaintiff must prove (among other things) "that the defendant’s use of the mark is likely to confuse consumers."