A vigorous debate has emerged regarding the expansion of trademark owners’ rights to have exclusive control over their marks in the paid search environment. A common practice in paid search is for advertisers to purchase other companies’ trademarks as keywords for search engine results. Comparing the similarities between the current struggles concerning trademark use as paid search keywords to the evolution of the right to a digital public performance for sound recording owners, this comment proposes a model that allows purchasers of other entities’ trademarks to use those marks in a Congressionally regulated fashion in a similar way section 114 of the Copyright Act regulates the digital public performance of sound recordings.
Katie Pimentel, Trademark Use as Keywords: A Comparative Look at Trademark Use as Keywords in Paid Search and Digital Public Performance Rights For Sound Recordings, 9 J. Marshall Rev. Intell. Prop. L. 553 (2009)