International Profit Assocs., Inc. v. Paisola, 461 F. Supp.2d 672 (N.D. Ill. Nov. 14, 2006) (Bucklo, J.).

Judge Bucklo held that plaintiff was likely to succeed on its Lanham Act and cyberpiracy or cybersquatter, 15 U.S.C. Section 1125(d), claims and issued a temporary restraining order ("TRO") preventing defendants from conduct that likely infringed plaintiff’s trademarks.  Based upon the cyberpiracy claim, Defendants were ordered to stop making content available through their website,, which was likely confusingly similar to plaintiff’s site,  The Court also ordered defendants to stop using plaintiff’s trademarks as search terms in Google’s Adwords program. 

An Adwords user specifies search terms relevant to its business or website, so that whenever a search with those terms is performed on the Google site, the Adwords user’s advertisement or website is displayed on the search results page.  The Court noted that the Seventh Circuit had not ruled on whether using trademarks as keywords in online search programs was a use "in commerce" as required by the Lanham Act, but noted that other courts had held that it was a use "in commerce."  The Court also held that defendants’ use of plaintiff’s marks was leading to "incalculable" loss.