In General Steel Domestic Sales, LLC v. Chumley, et al., Civil Action No: 10-cv-01398 (U.S. District Court, D. Colorado, order entered May 7, 2013), a federal judge in Colorado held that a company’s use of a competitor’s trademarked term as a keyword in its Google AdWords campaign did not create a likelihood of confusion or constitute trademark infringement, because the level of care required to make a purchase as expensive and complex as buying a steel building, as was the case, made it unlikely a customer would base his or her decision upon which provider’s Web site he or she first discovered.
Use of Competitor’s Mark as Keyword Not Likely to Cause Confusion in Expensive and Complex Sale
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