Use of Competitor’s Mark as Keyword Not Likely to Cause Confusion in Expensive and Complex Sale

In General Steel Domestic Sales, LLC v. Chumley, et al., Civil Action No: 10-cv-01398 (U.S. District Court, D. Colorado, order entered May 7, 2013), a federal judge in Colorado held that a company’s use of a competitor’s trademarked term as a keyword in its Google AdWords campaign did not create a likelihood of confusion or constitute trademark infringement, because the level of care required to make a purchase as expensive and complex as buying a steel building, as was the case, made it unlikely a customer would base his or her decision upon which provider’s Web site he or she first discovered.

No comments yet.

Leave a Reply