The missing link? Tenth Circuit weighs in on keyword advertising

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Abstract: The battle over the trademark implications of Google’s AdWords advertising program has been playing out in the courts for years. But a recent appeals court ruling may have dealt a death blow to the hopes of mark owners fighting to prevent competitors from using their marks as keywords to trigger-sponsored ads. This article explains why the court agreed with the district court that no likelihood of confusion existed in this case. 1-800 Contacts, Inc. v. Lens.com, No. 11-4114, 11-4204, 12-4022, July 16, 2013 (10th Cir.)