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2016 U. Ill. L. Rev. 103 (2016)
Regulation of Lawyer's Use of Competitive Keyword Advertising

handle is hein.journals/unilllr2016 and id is 107 raw text is: REGULATION OF LAWYERS' USE OF COMPETITIVE KEYWORD ADVERTISING Eric Goldman* Angel Reyes III** Lawyers have enthusiastically embraced search engine adver- tisements triggered by consumers' keywords, but the legal community remains sharply divided about the propriety of buying keyword ads triggered by the names of rival lawyers or law firms (competitive keyword advertising). This Essay surveys the regulation of competi- tive keyword advertising by lawyers and concludes that such practices are both beneficial for consumers and legitimate under existing U.S. law-except in North Carolina, which adopted an anachronistic and regressive ethics opinion that should be reconsidered. TABLE OF CONTENTS I. LAWYERS' USE OF COMPETITIVE KEYWORD ADVERTISING ........ 104 A. An Introduction to Keyword Advertising ....................... 105 B. Looking More Closely at Competitive Keyword Advertising.. 106 II. INTELLECTUAL PROPERTY REGULATION ..................... 108 A. Trademarks .............................. ..... 108 B. Publicity Rights ................................. 111 C. Conclusion on IP............................................. 112 III. STATE BAR REGULATION .............................. 112 IV. CONCLUSION ..................................................... 115 * Professor of Law, Santa Clara University School of Law. egoldman@gmail.com. Website: http://www.ericgoldman.org. Many thanks to Susan Brotman, Pamela Chestek, Colleen Chien, Debo- rah Gerhardt, David Levine and Rebecca Tushnet for helpful comments to the essay; and thanks to David Holt for his research help. This essay was last substantively updated October 14,2015. ** Managing Partner, Reyes Browne Reilley, Dallas, Texas. angel@reyeslaw.com. Website: http://reyeslaw.com/. 103

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