ARTICLE by Jason Patrick Kairalla of Jorden Burt LLP

With little fanfare, the presiding federal district judge in the GEICO v. Google case issued the much anticipated and long-awaited written order on Google’s motion for judgment on the pleadings in the action of using competitors trade marks in internet search engine based advertising. Whilst Google may have escaped a decision on their liability the fact remains that it appears that actual use of a competitors trade mark in advertising to drag internet customers to a competitors site may well result in liability for trade mark infringement in the US.