Case study:

• GEICO was not amused that its own competitors in the insurance industry could buy sponsored links to get access to prospects seeking more information on its own trademark "GEICO" and that Google promoted the practice to its own benefit.
• try it yourself!!
• nobody bid on the "GEICO" keyword today?
  here the result of searching for GEICO as delivered by Google on July 14, 2005 at 2:00 pm EST
  .
• Should Google be allowed to sell sponsored links based on the GEICO trademark?
• Judge: GEICO can sue Google, Overture over ads
  by Paul Roberts (IDG, News Service) - September 2004
• The resulting decision from a Virginia court, Dec 2004.

Topic notes

Relevant legal and regulatory documents and industry policies:

• The Lanham Act, July 1946, trademark law as amended over the years and as incorporated into 15 USC, sections 1051-1129
• Anti-cybersquatting Consumer Protection Act, Nov 1999, buried inside Public Law 106-113 by reference to Bill S.1948, subsequently incorporated into 15 USC, sections 1125 and 1129
• 1-800 Contacts Inc. versus WhenU.com Inc. and Vision Direct Inc., a decision by the US court of appeal for the second circuit, June 2005, stating that referencing a website name as a search key does not constitute a "use" of the associated trademark as defined by the Lanham Act.
• ICANN Uniform Domain Name Dispute Resolution Policy, Aug 1999

these links do not represent an endorsement of any organisation, public or private,
and no compensation has been received nor sollicited by the author for their inclusion.