Pop Goes the Trademark?: Competitive Advertising on the Internet

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Source: University of Washington

Date: January 2008

Type: White Paper

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Overview: Online advertising often peppers Internet users, either as pop-up ads, or when a search engine displays their search results. The rights and obligations of online advertisers are uncertain in light of recent technological developments. There is not yet a consensus regarding the application of existing advertising law doctrines to the use of trademarks to trigger search result ads or ""Pop-up"" ads on the Internet. However, the developing majority position will allow trademark-triggered ads that properly identify their source, and whose content is not confusing to consumers.

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