Fourth Circuit Revives Question Regarding Use of Trademarks as Keywords and in Google Ads

Can trademarks be used by a competitor as keywords and in ad text? The answers to those questions were discussed in an opinion recently issued by the Court of Appeals for the Fourth Circuit. 2012 U.S. App. LEXIS 7082.

In 2009, Rosetta Stone sued Google for trademark infringement and other claims based on Google’s sales of Rosetta Stone trademarks as keywords and in advertising text. The Virginia district court granted summary judgment for Google and granted Google’s motion to dismiss Rosetta Stone’s unjust enrichment claim.

On appeal, the Fourth Circuit vacated the grant of summary judgment on the trademark infringement, contributory liability and dilution claims.

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