The U.S. Court of Appeals for the Ninth Circuit held that bidding on a competitor's trademark as a keyword does not constitute trademark infringement, reaffirming a growing acceptance of keyword conquesting in digital marketing. This case involved Lerner & Rowe, a personal injury law firm that sued Brown, Engstrand & Shely, LLC for purchasing its trademark as a search keyword. The ruling emphasizes the legitimacy of bidding on competitor trademarks and indicates that such practices are unlikely to conflict with trademark law.
The Ninth Circuit has affirmed that keyword conquesting, where businesses bid on competitor trademarks in digital advertising, does not constitute trademark infringement.
This case highlights the leniency of courts regarding keyword bidding practices, suggesting that businesses can use competitor keywords without facing trademark claims.
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