INTA Annual Meeting attendees flock to discuss keyword ads

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

INTA Annual Meeting attendees flock to discuss keyword ads

More than 1,400 attendees crowded into a session on keyword advertising yesterday, where Rosetta Stone counsel John Ramsey and other panelists shared their frustrations about the issue and also faced tough questions about the proper legal approach.

Ramsey could not discuss specifics of the company’s closely watched case with Google over trademarks as keywords in sponsored ads, but he explained to attendees the aggravation the brand has experienced over search results incorporating the ROSETTA STONE trademark that managed to appear above links to the company’s authentic site. 

One example Ramsey cited was Rosetta Stone Greek, which used “black hat” search engine optimization (SEO) marketing techniques to drive up traffic. Examples of black hat techniques include when a site incorporates and links to words and phrases used by the trademark owner (link farming). He added that infringing advertisers have even learned how to use geo-targeting to avoid displaying infringing ads in markets where the company has offices so as to keep them off Rosetta’s radar. “Make sure you have monitors in a number of different locations and keep moving them around,” urged Ramsey.

A Google representative stood up during the Q&A period to remind attendees that the search engine’s ad platform has zero tolerance for counterfeiting, as well as proactive tools for weeding out bad actors. “You can ask us to monitor your trademarks in ad text and we will take down ads that infringe,” said the Google attorney.

She was followed by Professor Rebecca Tushnet of Georgetown University Law Center, who challenged the panel to explain why Rosetta Stone is accusing Google of direct—rather than contributory—trademark infringement in its case over keyword ads. Plaintiffs in keyword ad cases have argued that Google profits from the sale of the trademarks and is therefore directly, as well as secondarily, liable. But Tushnet asked the panel why Google is not then also liable for infringement when users click on legitimate links. “You can’t have it both ways,” she said.

Geoff Livingston, a marketing and search engine optimization expert who also spoke on the panel, said: “People don’t take the time today to discern quality information.” This makes it more crucial than ever to take creative approaches to marketing while the U.S. law on trademarks in keyword advertising is fleshed out by the courts. Livingston encouraged brand owners to incorporate social media on their sites to drive up Google search results. He suggested brands should engage in what he called “karmic marketing” that will inspire discussion on social media platforms about the brand and its competitors, rather than discounting or discrediting competitors.

more from across site and SHARED ros bottom lb

More from across our site

Three successive wins have got the firm eyeing additional opportunities as ITC work booms
While many firms remain focused on generative AI, recent hires and practice launches suggest the next battle may be for lawyers who understand how AI is moving into the physical world
The explosion of data centres has prompted patent pool operators to create new licensing opportunities
The court struck out copyright claims brought by Ladbrokes owner Entain, saying that ownership details should have been completed before litigation began
Düsseldorf has overtaken Munich as the UPC's busiest division, while firms including Winston Taylor, Clifford Chance, and Hoyng Rokh Monegier featured in disputes involving Abbott, Essity, Amazon and Hurom
The managing partner gave up an equity partnership track in New York to build a practice in India. More than a decade later, she discusses entrepreneurship, leadership, and why women should not wait before taking the next step
Vice presidents Shinya Jitsuhiro and Hirohisa Suzuki discuss litigation trends in Japan, recruitment challenges and clients’ international expansion
IP boutique Petillion represented IKEA in the dispute, which concerned the use of the multinational’s trademarks in an immigration-focused campaign. The firm tells Managing IP how it secured the outcome
The Pizzeys-Griffith Hack integration was designed to create a stronger Australian IP platform but with several ex-Pizzeys principals now gone, the deal's success may depend on where clients place their trust
Thomas Lonsdale and Hsu Min Chung of HGF explore the practical impact of the EPO’s Enlarged Board of Appeal’s decision in G1/25 and its interplay with G1/24
Gift this article