BNA, Inc.'s Electronic Commerce & Law Report has published an article on the Ninth Circuit's recent decision in Network Automation, Inc. v. Advanced Computer Concepts, Inc. For the article, I was asked to comment on the court's apparent shift away from a rigid application of the so-called "Internet trinity" in determining whether the Internet use of a trademark is likely confuse consumers in the relevant market. I also discussed the Ninth Circuit's recognition of the growing sophistication of Internet shoppers (which is not surprising, given that 75% of the 240 million American Internet users use the Internet to shop for products or services). You can read the full copy of the article here: Ninth Circuit Explores Likelihood of Confusion Involving Keyword Ads, Adopts New Standard.
If you have any thoughts about the case, the article, or my comments, please let us know. For additional commentary on the case, please see Eric Goldman's Technology & Marketing Law Blog and Rebecca Tushnet's 43(b) Blog.