Utah Bans Keyword Advertising

Eric Goldman writes "Last month, Utah passed a law banning keyword advertising. Rep. Dan Eastman, the Utah legislator who sponsored the law, believes competitive keyword advertising is the equivalent of corporate identity theft, causing searchers to be (in his words) 'carjacked' and 'shanghaied' by advertisers. He also takes a swipe at the EFF, dismissing its critique of the law as 'criticism from the fringes.'"

Comments

Dumb Idea, Even Dumber Execution

[MaceyHW]

This ridiculous combination of horrendous policy, tortured understanding of technology, and regulatory sophistication boggles the mind. The best part is, rather than attack keyword advertising directly, the law creates an entirely new form of IP, the 'electronic registration mark':

Specifically, the law creates a new intellectual property right called an "electronic registration mark," defined as a "word, term, or name that represents a business, goods, or a service." . . . Once registered, an infringement occurs if another person "uses an electronic registration mark to cause the delivery or display of an advertisement for a business, goods, or a service: (i) of the same class, as defined in Section 70-3a-308, other than the business, goods, or service of the registrant of the electronic registration mark; or (ii) if that advertisement is likely to cause confusion between the business, goods, or service of the registrant of the electronic registration mark and the business, goods, or service advertised."

Luckily, the system is so loosely defined and, as TFA points out, directly in conflict with existing federal trademark law that it can't possibly stand. Apparently state legislators in Utah are available on the cheap, because I can't imagine the anti-keyword lobby has deep pockets. Maybe I can get some of this money, if only there were some way to cheaply deliver ads to this small group and only the small group...

This isn't much of a surprise

[ElForesto]

... at least for those of us living here in Utah. They've caught a bit of flak from members of the Bloghive in these parts, especially with the hackjob responses they've got going on. Of course, these are the same guys who tried to get a special E911 tax on VoIP and almost passed statewide franchise agreements, so you've got to know they're not entirely with it.

Re:Follow the money to here...

[Technician]

Which campaign donor paid for this, or which Mormon edict is behind it? It's obviously one or the other.

I think you might be onto something here.. It looks like follow the money. Now if I can find some data on the new registery mentioned in the article and who profits...

Snipped from the article....

Owners of eligible words can register the terms in a new registry by paying a nominal fee.