Technology Today

Circuit to Mull When Keywords Infringe Marks

, New York Law Journal

Stephen M. Kramarsky, a member of Dewey Pegno & Kramarsky, writes that the Second Circuit will soon address directly whether the sale of trademarked company names as advertising keywords constitutes trademark infringement. While every decision from a court within the Second Circuit has held that it is not infringement, that holding is directly contrary to the decisions of essentially every other federal court on virtually identical facts.

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