Yet Another Ruling That Competitive Keyword Ad Lawsuits Are Stupid–Louisiana Pacific v. James Hardie

It’s been surreal watching plaintiff-side trademark lawyers lament that the Rosetta Stone v. Google settlement means we won’t get clearer precedent on keyword advertising’s legitimacy under trademark law. See, e.g., this paywalled BNA article, Attorneys Lament Lost Chance for Clarity On Lawfulness of Marks’ Sale as Keywords. Those lawyers and I are living in parallel universes. The Rosetta Stone case’s unenlightening denouement simply supplemented the overwhelming evidence that most keyword advertising lawsuits are stupid–and that fact hasn’t changed one bit in the past decade. Plaintiffs’ lawyers might enjoy milking the cows, but clients might as well flush wads of cash down the toilet.

http://www.forbes.com/sites/ericgoldman/2012/11/27/yet-another-ruling-that-competitive-keyword-ad-lawsuits-are-stupid-louisiana-pacific-v-james-hardie/