The Geico trademark case against Google goes to federal court today, with independent-minded judge Leonie Brinkema presiding. If Google loses the case, it may have to institute a ban on allowing brand names to be used as targeting keywords. Outside of her work on recent terrorism cases, Brinkema is best known for flouting Supreme Court rulings on mandatory sentencing guidelines that she deemed unjust. That independence may come into play as the Supreme Court just recently decided a case (KP Permanent Make-Up v. Lasting Impression) in which trademark protection on terms was again deemed largely subservient to fair use doctrine allowing people - and businesses - to use trademarked words.

In denying a Google motion to dismiss some months ago, Brinkema stated "defendants are using the trademarks in commerce in a way that may imply that defendants have permission from the trademark holder."

If the trial does go against Google, the search giant may find a more sympathetic ear with the Fourth Circuit's appeals court, which has grown accustomed to overturning Brinkema on issues where she veers from controlling precedent.