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Network Automation, Inc. v. Advanced Systems Concepts, Inc.
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Network Automation, Inc. v. Advanced Systems Concepts, Inc. : ウィキペディア英語版
Network Automation, Inc. v. Advanced Systems Concepts, Inc.

''Network Automation, Inc. v. Advanced Systems Concepts, Inc.'', 638 F.3d 1137 (9th Cir. 2011) was a court case decided on March 8, 2011, where the United States Court of Appeals for the Ninth Circuit ruled that the use of a competitor's trademark as an Internet search advertising keyword did not constitute trademark infringement. In the case, Network Automation advertised their own competing product in search queries that contained Advanced Systems Concepts' "ActiveBatch" trademark. In determining whether trademark infringement occurred, the court evaluated factors relevant to the likelihood of customer confusion outlined in AMF Inc. v. Sleekcraft Boats and concluded that confusion was unlikely.
==Background==
Google and other Internet search engines and e-commerce sites have made search engine keyword advertising ubiquitous. Network Automation ("Network") and Advanced Systems Concepts ("Systems") both sold job scheduling and management software that were advertised on search engine results. Network's product was called ''Automate'', and Systems' product was called ''ActiveBatch''. Network decided to buy the keyword "ActiveBatch" so that when users searched for "ActiveBatch", Network's website would be displayed as a sponsored link in separate sections from search results, including Google Search and Microsoft Bing. Systems sent a letter to Network saying Network's usage of "ActiveBatch" as a keyword was infringing Systems' trademark rights. As a result, Network filed a lawsuit seeking declaratory judgement of non-infringement. Subsequently, Systems counterclaimed, and asserted trademark infringement under the Lanham Act, 15 U.S.C. § 1114 and therefore sought a preliminary injunction against Network's usage of "ActiveBatch".〔

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