In 1-800 Contacts, Inc. v. Lens.com, Inc., et al., Case No: 11-4114, 11-4204, 12-4022 (U.S. Court of Appeals, Tenth Circuit, order entered July 16, 2013), a federal appeals court ruled that an online contact lens business’ use of Google AdWord keyword terms similar to a competitor’s service mark was not infringing where only one and a half percent of consumers clicked the resulting ads.
No Initial Interest Confusion from Use of Competitor’s Service Mark in Google AdWords Where Few Consumers Click on Results
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