The 9th Circuit rules that a law firm's use of a competitor's trademark in conquesting does not violate the Lanham Act.
The 9th Circuit\u2019s ruling in Lerner & Rowe PC v. Brown Engstrand & Shely LLC addresses the limits of trademark protection in online keyword advertising. Accident Law Group (ALG) purchased "Lerner & Rowe" as a Google keyword to display its ads, prompting a trademark infringement lawsuit.
The court found ALG\u2019s actions did not violate the Lanham Act, as there was minimal evidence of consumer confusion (0.216% of users appeared confused based on calls). The ruling emphasized that trademark use in keyword ads is only actionable if it is "misleading and deceptive."
Judge Roopali H. Desai, in a concurrence, urged reconsideration of whether keyword bidding constitutes "use in commerce" under the Lanham Act, highlighting the need for flexibility in addressing emerging digital practices.
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