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Fair Use Law And Trademarks In Search

A New York State judge recently ruled against a company called Australian Gold, in its claims that e-commerce firm S & L Vitamins violated its trademark rights by including pictures of Australian Gold products and using the keywords "Australian Gold" in the meta-tags on its reseller Website.

S & L Vitamins scored a win by proving that usage of the Australian Gold info on the Web site and in PPC ads was protected under "fair use" laws -- and also because the judge found that Australian Gold didn't go far enough to prove otherwise. Trademark attorney and law professor Eric Goldman argues that this is just one more example of how search and online advertising are upending traditional business models.

Read the whole story at Technology & Marketing Law Blog »

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