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

The Canadian boutique’s new IP lead says he wants to build a tech-enabled IP practice aimed at giving startups senior expertise away from the traditional ‘big law’ set-up
Qantm IP’s acquisition of Henry Goh & Co shows shifting attitudes towards private equity, with firms increasingly viewing external backing as a normal route to expansion rather than a source of concern
The firm’s involvement in prominent AI cases drew litigator Christian Mammen to join from Womble Bond Dickinson, as US firms continue to bolster AI-focused practices
Two judicial appointments confirmed in Paris and Mannheim, while cross-border injunctions and high-profile procedural rulings keep major patent practices occupied
Patent and trademark practitioners say new arrival will help maintain the UK's reputation as a leading forum for complex IP disputes
Qantm CEO speaks to Managing IP about the business's first deal since it was acquired by a private equity firm and explains why top-tier Malaysian firm Henry Goh & Co was the group's ‘plan A, B and C’
György Pintz, founder of Pintz & Partners, talks through the challenges of founding a firm and explains why lawyers and table tennis players have more in common than you might expect
Kate Nuehring Su, partner at Marshall, Gerstein & Borun, explores a successful PTAB appeal and why the Federal Circuit reached an opposite outcome on the same doctrine
From BTS to Squid Game and kimchi to memory chips, the Korean wave is reverberating around the world and IP work is also seeing a boom, say two Yoon & Yang partners
Managing IP will host a ceremony in Kuala Lumpur on November 5 to reveal the winners
Gift this article