Authorities
Jim S. Adler, P.C. v. McNeil Consultants, L.L.C.
Jim Adler (5th Cir. 2021): keyword ads can support initial interest confusion.
Citation: Jim S. Adler, P.C. v. McNeil Consultants, L.L.C., 10 F.4th 422 (5th Cir. 2021)
Type: Case
Jurisdiction: Federal
Issuing body: U.S. Court of Appeals for the Fifth Circuit
Status: Decided
Court: U.S. Court of Appeals for the Fifth Circuit
Parties: Jim S. Adler, P.C. v. McNeil Consultants, L.L.C.
Proceeding: court decision
Confusion that draws a buyer in, even if dispelled before purchase, can support a claim as initial interest confusion. The Fifth Circuit held that a law firm adequately alleged confusion where a competitor bought its names as search keywords and used generic ads and call-center practices that left callers believing they had reached the firm. Buying a keyword alone is not enough.
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