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Utah Law Bans Competitor Keyword Bids

EFF IN THE NEWS
July 18, 2007

The Utah State Legislature has passed a Trademark Protection Act that creates a new type of mark called an electronic registration mark; it probably will not survive a Constitutional test according to the state's own general counsel...

Banning such competitor trademark usage would undermine legally permitted comparative advertising, according to the EFF's Corynne McSherry. "That's why comparative trademark use is clearly protected under federal trademark law. If it weren't, Pepsi wouldn't be able to tell consumers that more people think Pepsi tastes better than Coke," she wrote.

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