MARTIN SCHWIMMER TO SPEAK AT FORDHAM IP CONFERENCEApril 1, 2013
STATUTORY DAMAGESApril 24, 2013
This article discusses the risks of buying keywords that are competitors' trademarks and offers practical tips to consider when engaging in search engine advertising. The safest option is to just avoid purchasing keywords that are trademarks of a competitor. If you decide to use a competitor's trademark in search advertising, though, make sure that there is nothing misleading about the text of the ad and the website to which it links. Finally, when evaluating whether to contest a competitor's purchase of your company's trademark as a keyword, make sure that you are not doing the same - evaluate the real harm and whether the ad itself is likely to cause confusion. The article was first published in the May 21, 2012 issue of the Westchester County Business Journal. An expanded column is available at www.westfaironline.com.