On March 8, the Ninth Circuit Court of Appeals issued new guidance for cases involving claims of trademark infringement based on the use of registered marks as Internet search keywords. In its opinion (a copy of which is available here), the Ninth Circuit held that trial courts must evaluate such disputes holistically and not based on any rigid set of factors. Earlier in the case, the trial court had applied the so-called "Internet troika" - a set of three analytical factors including (1) the similarity of the competing marks at issue, (2) the relatedness of the competing goods or services at issue, and (3) the competing parties' simultaneous use of the Web as a marketing channel - to find that the defendant's use of the plaintiff's marks as paid search keywords constituted trademark infringement. The Ninth Circuit specifically rejected that approach, holding instead that the appropriate analytical factors will depend on the facts and context of each case. "This is the latest in a series of appellate decisions reflecting the courts' attempts to provide legal guidance on a very dynamic kind of trademark dispute," says Christopher Barnett, a trademark attorney with Scott & Scott, LLP. "Internet marketing in general - and search engine optimization in particular - can carry with it a diverse set of legal risks, the scope of which may be difficult to predict, as this case demonstrates." For more information, please contact Mr. Barnett at 800-596-6176 or cbarnett@scottandscottllp.com.