The Ninth Circuit Court of Appeals recently reaffirmed its lenient stance on the practice of ‘keyword conquesting,’ a digital advertising strategy that has significant implications for trademark owners. Keyword conquesting occurs when one company purchases another’s trademarked terms as keywords in online advertising platforms like Google Ads, allowing their ads to appear when users search for the trademarked term. While this practice has often been challenged by trademark holders as infringing or deceptive, the Ninth Circuit has consistently upheld that it is permissible under certain circumstances, provided there is no likelihood of consumer confusion.
This leniency was exemplified in the Ninth Circuit case Multi Time Machine, Inc. v. Amazon.com, Inc. In this case, Multi Time Machine, a luxury watch manufacturer, argued that Amazon’s search results page created consumer confusion by displaying competitors’ watches when users searched for Multi Time Machine’s trademarked product names. Despite the trademark holder’s concerns, the court sided with Amazon, stating that the platform’s search practices did not create a likelihood of confusion because the results were clearly labeled and consumers could distinguish between products. The court emphasized that trademark law does not protect against fair competition and comparative advertising, as long as the advertising is not misleading.
This decision is particularly important for those who own registered trademarks, as it underscores the limitations of trademark protection in the digital advertising space. Although trademark law is designed to prevent unauthorized use of marks that could confuse consumers or dilute brand value, the court’s rulings suggest that keyword conquesting, when done transparently and without deception, does not inherently violate these principles. For businesses, this creates both opportunities and challenges. Competitors can legally leverage trademarked terms to gain visibility and attract customers, but this also means trademark owners must be more vigilant in protecting their brands online.
For trademark owners, the reaffirmation of leniency toward keyword conquesting highlights the importance of proactive brand protection strategies. Registering a trademark is only the first step in safeguarding your intellectual property. To ensure your brand remains strong and competitive, you must actively monitor its use online, address potential instances of consumer confusion, and consider implementing policies to mitigate the effects of conquesting. The decision also emphasizes the need for clear, compelling advertising strategies that differentiate your brand, even in the face of competitive tactics like keyword conquesting.
At The Plus IP Firm, we understand the complexities of trademark law in the digital age. Based in Florida and led by experienced attorney Mark Terry, our firm specializes in helping businesses navigate trademark disputes and protect their intellectual property from infringement. We provide strategic advice tailored to your business needs, whether you’re addressing concerns about keyword conquesting or seeking to strengthen your trademark portfolio. Our goal is to ensure that your brand maintains its integrity and value, no matter the challenges you face.
The Ninth Circuit’s decision is a reminder that trademark law must adapt to the realities of modern commerce. While the court’s leniency toward keyword conquesting may seem like a setback for trademark owners, it also offers an opportunity to refine your approach to brand protection and advertising. With the right legal and strategic support, you can not only address these challenges but turn them into advantages for your business. If you have concerns about keyword conquesting, need assistance enforcing your trademark rights, or want to explore strategies to protect your brand online, contact The Plus IP Firm today. Call Mark Terry at 786-443-7720 or email [email protected] for a consultation. Let us help you protect your trademarks and build a stronger foundation for your business in an ever-evolving digital landscape. Don’t let your brand be overshadowed—reach out to The Plus IP Firm and take control of your intellectual property today.