Using Trademarks and Names as Keywords in Search Engines Yoram Lichtenstein, Adv.

Dr. Klein v. Proportzia A person’s name used as

AdWord is violation of his privacy right.

Crazy Line v. Matim LiUsing competitor’s trademark as AdWord is not trademark infringement, as long as you do not use the mark in the ad or website themselves.

Right of publicity Ariel McDonald v. McDonald’s:

Right of publicity. Financial value to a person’s

reputation in a name.

The “horrors” of the Dr. Klein decision• Dr. Klein decision was based on

irrelevant right.• Could Dr. Klein use his privacy

right to force Google to remove problematic content from the search results?

“ Doggy bag” tips for SEO contractingTake home with you:• Commitment to efforts, not results.• Limitation of liability is a must.• Is it ok to remove links to client’s

website at termination? Careful! Best if included contractually.

• Grace period (and correction) for contract breaches.

• Have freelancer contractors sign a specific representation and undertaking regarding copyrights.

Thank you