Dec 10, 2009
Trademark Suit Based on Use of Rival Perfume Retailer’s Web Site Goes Forward
A federal judge has allowed a trademark action by a perfume retailer to go forward, holding that a rival’s use of the plaintiff’s name and Web site in Google’s AdWords Program, which resulted in the defendant’s name appearing at the top of the page each time a user searched for the plaintiff, may constitute an actionable claim.