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A comment on What if performance advertising is just an analytics scam?. Parent comment

Re:What if performance advertising is just an analytics scam? by verve_rat on Wednesday October 13, 2021 @04:16PM (#28857113)
It feels like it is close (but not really) to a trademark violation. If I search for "A" and get a screen full of results for "B", if I need to scroll to even see mentions of "A", then that feels like it is really close to "passing off". I could see an argument for saying that this "passing off" causes customer confusion that requires trademark enforcement.

I realise that would probably be an impossible argument to win under current law (IANAL), but it _feels_ so very close.

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Re:What if performance advertising is just an analytics scam? by GeneralMayhem on Wednesday October 13, 2021 @10:48PM (#28860003)
US case law is extremely clear that bidding on and running ads on trademarked keywords is not a trademark violation, so long as you aren't misrepresenting that the replacement is the trademarked thing; see e.g. https://www.americanbar.org/groups/litigation/committees/bus....
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