Court Orders Negative Keywords Be Used To Protect Tradmarked Terms
Wednesday, April 30th, 2008
Due to a default judgment in a lawsuit brought against the similarly named Orion Bancorp, a Florida court has ordered Orion Residential Finance to declare “orion” a negative keyword in any broad search advertising they embark on in the future.
What this means is that if Orion Residential wants to do search advertising on words like “bank” or “finance,” they must make Orion a negative keyword so that if somebody searches for “orion bank” or “orion finance,” their ads must not appear.
Orion Bancorp brought the suit arguing that the two had a confusingly similar name, and ended up winning when Orion Residential didn’t file a response to the lawsuit. Their default led not only to Orion Bancorp getting the orionbank.com domain name, but the judge added the following restriction:
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