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Ernest Miller Ernest Miller pursues research and writing on cyberlaw, intellectual property, and First Amendment issues. Mr. Miller attended the U.S. Naval Academy before attending Yale Law School, where he was president and co-founder of the Law and Technology Society, and founded the technology law and policy news site LawMeme. He is a fellow of the Information Society Project at Yale Law School. Ernest Miller's blog postings can also be found @
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November 04, 2003

Abusing Trademark to Control Searching

Posted by Ernest Miller

David Galbraith has an interesting post about Google's Trademark Complaint Procedure (Trademarking search terms). He wonders whether there is a "possibility of people trademarking terms and expressions specifically so that they can use them within Google ads?" In other words, whether people will trademark "Blog" candy, in order to control the use of the term "Blog" in Google ads - whether or not the ads had anything to do with candy. Given that Google has already been hit with court-imposed fines for trademarked keywords triggering ads, they certainly would be reticent to stop people from abusing the system this way (Google France fined for trademark violation). Thanks, France.

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