US Court Orders Advertiser To Use Negative Keywords In Trademark Case

Eric Goldman reports that a US District Judge in Florida ordered an advertiser using a trademark term to use the negative keyword option, to ensure that they would no longer bid on that term in the future. The judge ordered the defendant to stop using the word “ORION” in their search ad campaigns by adding […]

Eric Goldman reports that a US District Judge in Florida ordered an advertiser using a trademark term to use the negative keyword option, to ensure that they would no longer bid on that term in the future.

The judge ordered the defendant to stop using the word “ORION” in their search ad campaigns by adding that keyword to the negative keyword filter in AdWords. Here are the exact words of the court order, found in section D of Orion Bancorp Inc. v. Orion Residential Finance LLC:

…from purchasing or using any form of advertising including keywords or “adwords” in internet advertising containing any mark incorporating Plaintiff’s Mark, or any confusingly similar mark, and shall, when purchasing internet advertising using keywords, adwords or the like, require the activation of the term “ORION” as negative keywords or negative adwords in any internet advertising purchased or used.

Courts and judges are indeed getting savvier on search engines and search engine marketing.


Search Engine Land is owned by Semrush. We remain committed to providing high-quality coverage of marketing topics. Unless otherwise noted, this page’s content was written by either an employee or a paid contractor of Semrush Inc.


About the Author

Barry Schwartz

Barry Schwartz is a technologist and a Contributing Editor to Search Engine Land and a member of the programming team for SMX events. He owns RustyBrick, a NY based web consulting firm. He also runs Search Engine Roundtable, a popular search blog on very advanced SEM topics.

In 2019, Barry was awarded the Outstanding Community Services Award from Search Engine Land, in 2018 he was awarded the US Search Awards the "US Search Personality Of The Year," you can learn more over here and in 2023 he was listed as a top 50 most influential PPCer by Marketing O'Clock.

Barry can be followed on X here and you can learn more about Barry Schwartz over here or on his personal site.