SB 236 - No more keyword advertising in Utah?
Utah last month enacted
Utah SB 236, the "Trademark Protection Act," a law
that effectively prohibits the competitive use of trademarked terms as keyword
advertising triggers. The Act establishes a new type of mark called an
Electronic Registration Mark. Once a mark is electronically registered, the
statute prohibits use of the Electronic Registration Mark to trigger advertising
for a business, goods, or services of the same class as those represented by the
Electronic Registration Mark.
What happened to lawful competitive advertsising? No wonder, the
new law isn't winning any praise. A Google spokesman said Google believes
the new law is likely to be challenged in court and struck down as
After a meeting with senior
executives from Google, eBay, Microsoft, America Online, Yahoo, 1-800 Contacts
and Overstock.com met, the state has a better idea of who they
are up against and now have to decide if the law is worth a
Rep. David Clark, House majority leader and co-sponsor of the suddenly
controversial legislation said after the meeting: "I don't know that we'll
repeal it, but we understand we've got some work to do."