Home -> Law Blog Directory -> Patent Law Blogs -> Daily Dose of IP
OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Patent Law
: Daily Dose of IPUtah Amends Controversial Trademark Law
By Mark Reichel, Esq.
ADVERTISEMENTS
It was recently announced that Utah has amended its state law that limited the ability for internet search engines from using trademarked items as the basis for triggering online advertisements. As summarized by the Google Public Policy Blog article (link below), last year the Utah State legislature passed a law ?that essentially prohibited search engines like Google from allowing trademarks from being used as keywords to trigger ads,? noting that, ?at the time, this law ran counter to the precedent of federal trademark law, which has consistently upheld comparative advertising as being good for consumers, competition and free speech.? According to the ClickZ article (link below), Utah?s revised Trademark Protection Act was passed late last Wednesday night, in part because as noted by Utah State Senator Dan Eastman, ?[t]he state didn?t want to get into a lawsuit? against a number of large search engine companies. As noted by ClickZ, ?[t]he law adopted last year bans advertisers from using the trademarked terms of their competitors to target ads to Utah users, and particularly affects search marketers,? and ?[t]he search firms and many search industry execs have argued the law as originally written was unconstitutional and established an unprecedented set of rights for Utah trademark owners inconsistent with traditional trademark law recognized throughout the U.S.? Amendments to the law removed the punitive damages provisions and provisions regarding enforcing the law against companies using their competitor?s trademarks in their advertisements, but retain provisions allowing for civil actions to proceed. As summarized by the recent Search Engine Land article (link below), ?[t]his reversal now puts Utah in sync with the precedent set forth by the federal trademark law,? and ?[i]n short, you can now legally bid on trademarked terms in Utah, assuming you comply with the search engine's trademark policy in your country.?
Google Public Policy Blog Article: LINK
Search Engine Land Brief Article: LINK
ClickZ Article: LINK
Full post as published by Daily Dose of IP on March 11, 2008 (boomark / email).
Lawsuits and Settlements
Murphy City, TX
$255,000 settlement in controversial pedophile news program case.
Adidas Imitators
Payless Shoesource to pay $304.6 million settlement in trademark lawsuit.
Related Searches
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.

Controversial New Utah Law Limits Initiative and Referenda
1-800 Contacts Files Its Latest Keyword Advertising Suit in Utah
10th Circuit Rejects Trademark Claims By Group Formed To Critique LDS Church








