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2 Case W. Res. J.L. Tech. & Internet 101 (2011)
Pay per Click: Keyword Advertising and the Search for Limitations of Online Trademark Infringement Liability

handle is hein.journals/caswestres2 and id is 101 raw text is: PAY PER CLICK: KEYWORD ADVERTISING AND THE SEARCH FOR LIMITATIONS OF ONLINE TRADEMARK INFRINGEMENT LIABILITY INTRODUCTION Search engines, led by the world's most prominent search en- gines, led by the world's most prominent search engine, Google,l are revolutionizing the way that the general public accesses all types of information and content. These free and efficient entities link con- sumers to specifically desired information within the unquantifiable wealth of information available on the Internet. Search engines are the key intermediaries that allow consumers to quickly and easily find desired information online, without which the process would be akin to finding a needle in a haystack. In addition to providing links to con- tent hosted by third parties, Google also provides direct access on its own site to otherwise largely unavailable content and information. For instance, the Google Books program gives users free access to digi- tized copies of millions of books scanned by Google and its partners. And Google Maps allows users to search a highly detailed map of the world for the location of the nearest Starbucks or for directions to a friend's house, among many other helpful features. Google and other search engines are able to provide these and many more services to users free of charge because they generate sub- stantial revenues from their online advertising services. Google's AdWords program is the largest and most successful of these services, 2 producing over $21 billion in total advertising revenues in 2008. Es- 1 Because of Google's unrivaled position in the search engine and keyword advertising market, this Note will specifically discuss Google's keyword advertising programs, and omit any specific discussion of programs offered by other competing search engines, like Yahoo! However, the law and analysis should apply equally to all of the various keyword advertising programs offered by search engines and other intermediaries. 2 2008 Financial Tables: Investor Relations, GOOGLE. http: //investor. google.com/financial/2008/tables.html (last visited Jan., 3 2011); see also Inside the Mind of Google (CNBC television broadcast Jan. 14, 2010), available at http://www.hulu.com/watch/ 116372/cnbc-originals-inside-the-mind-of-google 101

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