Network Automation, Inc. v. Advanced Systems Concepts Inc., 638 F.3d 1137 (9th Cir. 2011)

Represented computer software company (Network Automation, Inc.) in a dispute involving the purchase of a competitor’s trademark as a Google AdWord to trigger a comparative advertisement. Successfully overturned the trial court’s grant of a preliminary injunction in a landmark decision in which the Ninth Circuit adopted a new test for keyword advertising cases. As reported in the Daily Journal: “It’s a very important decision,” said trademark guru J. Thomas McCarthy of the University of San Francisco School of Law. “It’s one of the first federal appellate decisions to grapple with this keyword issue. It’s a breath of fresh air because it’s not merely a robotic recital of case law. It’s clear that district judges are confused about how to analyze this. The 9th Circuit shows here it has an open mind and can supply hints of guidance that litigators will pick up on.”