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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