(34.) JIM JANSEN, UNDERSTANDING SPONSORED SEARCH: CORE ELEMENTS OF KEYWORD ADVERTISING
177 (2011); Peter O'Connor, Trademark Infringement in Pay-Per-Click Advertising, in CONTEMPORARY RESEARCH IN E-BRANDING 148, 149 (Subir Bandyopadhyay ed., 2009).
Many of the first keyword advertising
lawsuits were dismissed on the grounds that a keyword hidden from public view is not a use in commerce.
A trademark issue that has generated a lot of controversy recently is the use of competitors' trademarks in keyword advertising
. A keyword is an indexing tool that identifies the content of a Web site to a search engine.
"This case has the potential to shape global standards for the legitimacy of keyword advertising
," said Eric Goldman, an associate professor of law at Santa Clara University School of Law, who called that a "multibillion-dollar question."
Laudon and Traver (2007) use the term keyword advertising
to describe sponsored search as one of three types of search engine marketing.
Swisa3 and design patent infringement; the potential domino effect of new legislation on exceptions to design patent infringement; questions associated with geographical indications (GIs) in IP; the disparity in international court rulings on counterfeit products; keyword advertising
and trademark infringement; patentable subject matter; the final rules regarding rules of practice before the Board of Patent Appeals in ex parte appeals; and, managing user-generated copyright issues.
Mobile network operators and portals also benefit from an important new revenue opportunity associated with the sale of categorybased keyword advertising
Given the flexible doctrines of fair use and Internet safe harbors in copyright law, and the growing number of rulings that selling proximity to a firm's competitors using keyword advertising
is not trademark infringement, it seems unlikely that momentum will build for radical change in copyright or trademark doctrine that would significantly benefit Google.
Recently, Google found itself in hot water when its keyword advertising
service was accused of promoting copyright piracy by "selling" keywords such as "bootleg movie" and "pirated." And in February, Google's Belgian Web site was ordered to stop showing excerpts of Belgian newspaper articles on its Google News site because of copyright concerns.
AdContext, a keyword advertising
system, is to be introduced by online auction company eBay.
There are three distinct ways to ensure you have a Web presence that effectively reflects your organization on the Web: Search Engine Optimization, Keyword Advertising
, and Banner Advertising.
An unexpected side effect of this reliance on keyword advertising
is the phenomenon known as 'click fraud': companies clicking repeatedly on their rivals' advertisements to drain the funds allocated to that campaign.