INTA's Amicus Brief Helps Overturn Ruling in Rosetta Stone v. Google
12-Apr-2012
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NEW YORK, NY - The International Trademark Association (INTA) applauds the decision by the United States Court of Appeals for the Fourth Circuit in Rosetta Stone Ltd. v. Google Inc. on April 9, 2012 which reversed the District Court's grant of summary judgment to Google. A press release by the Association stated that the decision makes clear that keyword advertising practices that result in misleading, confusing or deceptive ads can give rise to liability both to the advertiser and to the search engine.
INTA submitted an amicus brief to the Fourth Circuit in November 2010. The Fourth Circuit, in its decision, adopted the brief’s arguments that the district had erred in its application of the functionality doctrine and trademark dilution law.
INTA congratulates David H. Bernstein (Vice Chair of INTA's International Amicus Committee), Kurt Anderson (member of INTA's Internet Committee) and A. Justin Ourso III, along with all the members of the US Subcommittee of the International Amicus Committee, for drafting INTA's Amicus Brief. The Fourth Circuit’s adoption of INTA's arguments in its decision is a testament to the quality and persuasiveness of INTA's brief.
"The Rosetta Stone decision ensures that brand owners will now have a fair opportunity to prove that particular keyword advertising practices are confusing," said David H. Bernstein, a partner at Debevoise & Plimpton LLP. "It also shows that sites need to adopt fair and balanced policies for their keyword advertising programs, which will facilitate fair comparative advertising rather than potentially deceptive ads and contributory counterfeiting.”