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When an advertiser purchases a competitor’s trademark as a keyword, the advertiser’s content may appear in a more prominent position on results pages than the trademark owner’s content.
Of course, any trademark owner desires to stop activity that unlawfully diverts customers to the advertising competitor, but they also have an affirmative duty to police their marks, and they may lose rights to the mark if they fail to do so.
The primary question in any trademark infringement analysis is whether the advertiser’s use of the mark is likely to confuse customers as to the source of the goods or services.