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

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

The private-equity-backed firm said hires from DLA Piper and Eversheds Sutherland will help it become the IP partner of choice for innovative businesses
The acquisition is expected to help Clorox bolster its position in the health and hygiene consumer products market
AIPPI, which has faced boycott threats over the 2027 World Congress, says it has a long-standing commitment to engagement and geographic rotation
The shortlist for our annual Americas Awards will be published next month, with potential winners in more than 90 categories set to be revealed
News of Nokia signing a licensing deal with a Chinese automaker and Linklaters appointing a new head of tech and IP were also among the top talking points
After five IP partners left the firm for White & Case, the IP market could yet see more laterals
The court plans to introduce a system for expert-led SEP mediation, intended to help parties come to an agreement within three sessions
Paul Chapman and Robert Lind, who are retiring from Marks & Clerk after 30-year careers, discuss workplace loyalty, client care, and why we should be optimistic but cautious about AI
Brantsandpatents is seeking to boost its expertise across key IP services in the Benelux region
Shwetasree Majumder, managing partner of Fidus Law Chambers, discusses fighting gender bias and why her firm is building a strong AI and tech expertise
Gift this article