Controversy
Critics find several flaws with electronic registration marks. They argue that restricting the keywords that advertisers can use violates the First Amendment. Another issue concerns an advertiser’s ability to determine whether a web page is being viewed in Utah or elsewhere: Because of this ambiguity, the law may be vulnerable to Dormant Commerce Clause challenges. Critics also assert that the law worsens the quality of online search results by restricting the search results that users can view. Supporters respond that trademark law has always considered trademark infringement to be a form of theft that is not protected speech, that search engines have demonstrated that they can pinpoint Internet users’ locations, and that paid advertisements are not a core component of an Internet user's experience.
Read more about this topic: Electronic Registration Mark
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