The day of behavioral targeting is upon us. In 2005 the Second Circuit, Federal Court of Appeals found that use of trademarks in Internet advertising is not “use in commerce” for purposes of the Lanham Act; thereby upholding the use of trademarks to trigger the competitive use of pop-up ads. This week I received a notice from Google advising me to update my privacy policy:

Interest-based advertising will allow advertisers to show ads based on a user's previous interactions with them, such as visits to advertiser website and also to reach users based on their interests (e.g. "sports enthusiast"). To develop interest categories, we will recognize the types of web pages users visit throughout the Google content network. As an example, if they visit a number of sports pages, we will add them to the "sports enthusiast" interest category.

http://martinkehoe.com/upstatelaw/?p=6

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