Hmmm a law that creates a disincentive for search providers to allow their service to operate in the state. Imagine trying to stay business competitive with marginalized internet search...
Thats a good point indeed. And the sad thing is I'm sure all the businesses/TM holders really supported this law thinking it was going to offer them much more protection for their marks.
I wonder how this will work when it comes to companies that hold the same TM in different categories. Someone is going to have get the short end of the stick so to speak.
This seems a bit absurd, given that comparative ads/shopping is protected as Fair Use. But I guess in the context they are talking about, it is not. To be honest it doesn't make sense to allow a company like Chevrolet to use Toyota as a keyword. They are essentially trying to deceive customers or steal them away, but they're using their competitors TM in order to do it.
This whole situation (current TM law) is just a complete mess in general and it doesn't make things easier when individual states throw random lions into the arena half way into the match..
This snip makes it almost the entire article here, but it's the "why" behind the "what", to a certain extent. It won't withstand any sort of legal or lobbying challenge; the law isn't practical and isn't in the best interest of the consumer nor the manufacturer... there had to be more of a "hand" in it than what we see, but the invisible hand here is lost on me.
It won't stand up in court, it doesn't make sense anyway...
The Office of Legislative Research and General Counsel for the State of Utah (lawyers who advise the state legislature) - Agrees From the bottom of the legislation...To quote parts: ....on and on...For several reasons, the lawyers for the state, themselves, don't believe the federal courts would hold this up. I especially the part I highlighted in red. I see Utah being able to enforce that one real easy......NOT We shall see..
People, are you saying the Mormons don't know what they are doing?..
First the crazy legislature. Now we have to bring religion into this?..
FYI: A little less than two-thirds of the population of Utah is Mormon (as of 2004). http://www.sltrib.com/ci_2886596..