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Google Wins in Trademark Targeting Trial, Creative Still at Issue

The Register reports that Google already won the major point in the Google vs. Geico case pitting trademark owners against search engines' abilities to use those trademarks as targeting criteria for advertising. Judge Leonie Brinkema ruled that using trademarks as search keyword phrases that trigger ads does not run afoul of trademark laws - which are generally used to prevent consumer confusion. "There is no evidence that the activity alone causes confusion," she wrote. But this doesn't let Google off the other hook in the trail: whether or not it should be allowed to let advertisers use trademarked terms in their ad creative. Google laid down a defense for that part of the case in the first day of the trial, noting that this is probably better brought up with advertisers than with the publisher.

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