Keywords in Commerce?

Eric Goldman, Technology & Law Marketing Blog: Search Engine Liability for Selling Keywords Redux--800-JR Cigar v. GoTo.com: "this case reinforces the completely unsettled nature of keyword purchases and trademark law. Combined with the other two search keyword cases this year that reached directly opposite results to each other (Edina Realty and Merck v. Mediplan), there really is no way of predicting how the next case is going to come out. In some ways, the law applicable to search engines selling keywords has not advanced in any meaningful way from 2000 when this case was first filed."