Does this mean Google is going to change its adwords policy? Because right now you can't use a trademarked work in an adwords ad. For example, I have a product that generates QuickTime movies. Since Quicktime is a trademark owned by Apple, I can't use that term in my ad. Is this also "unconstitutional"?
"These comparative ads are good for consumers, promote competition, and symbolize free speech."Wow, do you believe everything you see on tv? The ads you're using as examples are the epitome of overhyped, one-sided corporate propaganda and do nothing to provide consumers with a fair basis for comparison. Coke ads are to free speech what pro wrestling is to theatre. It's a bland masquerade.
I would love to see some more comparative advertising. I despise adverts that only show you one product that say "get this because its good" I want to see "get this b/c it is better then something else".
I'm unclear as to how the keyword-triggered, sponsored ads of AdWords are classified as comparative ads. I'm completely with you on the general doctrines and purposes of trademark law you mention, but this analogy doesn't quite seem to stick to me unless I'm missing something.
The comments on this blog belong only to the person who posted them. We do, however, reserve the right to remove off-topic or inappropriate comments.