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9th U.S. Circuit Court of Appeals

Oct. 24, 2024

Keyword ads using competitor law firm's name don't infringe marks, circuit rules

In the 33-page opinion, Judge Ana de Alba invoked the famous "What's in a name?" passage from "Romeo and Juliet," noting that the titular heroine held no confusion as to her lover's identity.

The 9th Circuit Court affirmed that a law firm which bought a competitor's name as a Google Ads keyword did not commit trademark infringement, unfair competition or unjust enrichment. The circuit court panel found that the practice, known as "conquesting," was unlikely to cause confusion between two Arizona-based personal injury law firms.

In the 33-page unpublished opinion, Judge Ana de Alba invoked the famous "What's in a name?" passage from "Rom...

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