ISSUE:
Whether is it trademark infringement when an Internet search engine recommends and sells a trademark to advertisers, including the trademark owner's competitors, for the purpose of triggering the appearance of their adverts and links?
Whether an Internet search engine's use of a trademark qualifies as a "use in commerce" under the Lanham Act, even if the trademark is not visibly displayed in the search results but is used to suggest and sell keywords to advertisers, potentially leading to consumer confusion?
RULE:
A trademark owner may have a valid cause of action for trademark infringement when the owner of an Internet search engine recommends and sells the trademark to advertisers, including the trademark owner's competitors, to trigger the appearance of their advertisements and links, causing potential consumer confusion when users search using the trademark as a keyword.