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Internet advertising generated $16.8 billion in revenue in 2006, an increase of 34% from the prior year. This advertising boom affects both businesses and consumers. For consumers, it means wading through hundreds of pop-up advertisements, in-site advertisements, or search engine sponsored links during routine Web surfing and shopping. For businesses, it entails spending millions of dollars to advertise in a relatively new form of media. One of the largest components of Internet advertising is search engine keyword advertising. Search engine keyword advertising, which represents more than 40% of all Internet advertising in the United States, is an enormous source of income for Internet search engine companies. In this type of advertising, a business will purchase a specific term from a search engine as a trigger for an advertisement. When a computer user inputs this term into the search engine, the search engine will generate results according to the search engine parameters. In addition, the computer users input will trigger an advertisement purchased by the business that is linked to this inputted term. For example, Kodak could purchase the term cameras from Yahoo!, a popular Internet search engine. Upon a search of the term cameras by a computer user, in addition to the normal list of results related to the inputted term, Yahoo! will also present an advertisement by

Searching for a Solution: The Lanham Act's “Use in Commerce” Requirement in Search Engine Keyword Advertising Cases