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Courts throughout the United States have been at odds regarding the issue of whether or not a party's purchasing of a trademarked keyword to trigger sponsored links constitutes a trademark use within the meaning of the Lanham Act. In particular, the 2nd Circuit had consistently held that the purchase of a competitor's trademark to trigger Internet advertising did not constitute a use for the purposes of the Lanham Act.

One example of the above is the 1998 case which saw two recording artists battling in the courtroom over the use of a certain, distinctive logo – the letter "G". Rap artist Warren G attempted to sue country rock singer Garth Brooks over the latter's use of the letter G in his merchandise, claiming that he had already trademarked the letter. The case ended in mutual acceptance that both could use the letter, but led to much amusement over the respective claims to ownership of a letter that forms one twenty-sixth of the Roman alphabet.

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Another lawsuit considered to be frivolous occurred in 2003 when the TV news station Fox News attempted to sue Al Franken in a case prompted by his book Lies and the Lying Liars Who Tell Them: A Fair and Balanced Look at the Right. Franken's book, a satirical parody of what he and others viewed to be the excesses of the right-wing media outlets of the United States, reserved particular ire for Fox News – a station which uses the term "fair and balanced" as a network slogan.

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Having trademarked the phrase in 1998, Fox felt that they had a case to sue Franken for unauthorized use of their trademark. They attempted to do so, citing as further evidence the fact that Fox News anchor Bill O'Reilly was depicted on the book's front cover.

Fox's case hinged on attempting to prove that Franken's choice of words in his book title, and his use of an image depicting O'Reilly, could be construed as an effort to convey to potential readers that both Fox and O'Reilly endorsed the book. They were not, it would be fair to say, successful in this attempt. The presiding judge, Denny Chin, threw out the case, calling it "wholly without merit, both factually and legally," and onlookers in the courtroom erupted in laughter more than once as Fox News lawyers set about trying to prove that Al Franken had attempted to hoodwink potential buyers into believing his book came with the blessing of Bill O'Reilly.

Purchasers of keywords should take notice of the current state of the law and be prepared to act accordingly. In addition, trademark owners should be diligent in monitoring their trademarks, identifying unauthorized uses which now appear to include the purchasing of keywords for that trademark, and acting swiftly in order to protect and retain trademark rights. you can be published without charge. You can to republish this article in your website or blog. Please provide links Active.

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