The effect of keying actions on trade mark owner rights Part 4
United States Court clarified several times that as long as the use is done properly it is not a problem. But using in this case was not conducted for purpose of description or part of the common language. The use is conclusive mad for purpose of promoting a product that is not owned by the owners of the mark, by referral of surfers to competing site. This use it does not meet the criteria of fair commercial conduct.
