Michael Atkins - Seattle Trademark Lawyer

Recommend Fourth Circuit Vacates Most of Flawed Keyword Advertising Decision (Email)

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Big keyword advertising decision today: the Fourth Circuit decided Rosetta Stone v. Google.

The court did the right thing. It vacated the exceedingly Google-friendly decision incorporating sloppy analysis and incorrect application of trademark law, and remanded for the Eastern District of Virginia to reconsider the case in light of proper standards.

In the end, I think the result will be the same — on re-examination, Google won’t be directly or indirectly liable for counterfeiters’ purchase of Rosetta Stone’s trademark as a search engine keyword. But this time, the analysis won’t be tortured and misleading.

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Copyright © 2006-2021, Michael G. Atkins. All rights reserved. I'm a partner and Seattle intellectual property attorney at Atkins Intellectual Property, PLLC, where I focus my practice on issues involving the Lanham Act, including trademark infringement, unfair competition, trade dress infringement, trademark dilution, false designation of origin, counterfeiting, cybersquatting, trademark licensing, trademark applications, trademark registrations, the U.S. Patent and Trademark Office (PTO), and the U.S. Trademark Trial and Appeal Board (TTAB). Thanks for checking out my blog. Please visit again soon!