Aereo, Inc. thought it had found a legal and clever way to deliver broadcast television programming to its subscribers inexpensively via the Internet.  Aereo “rented” equipment to its subscribers that captured and streamed broadcast programming at about the same time the programs broadcast over the air.

Aereo had designed its business model to take advantage

In two closely-watched cases with potentially broad implications for the way businesses and individuals use the Internet, Google, Inc. suffered setbacks in the continuing battle over responsibility for intellectual property infringement.  Both cases – one copyright and the other trademark – cast clouds over Google’s practices concerning its users’ employment of third parties’ intellectual property.

Can a company use its competitor’s trademark as a “keyword” in advertising it purchases on popular search engines like “Google” and “Bing”? The answer is evolving with consumers’ – and the courts’ – sophistication in Internet use and practices and, according to at least one recent appellate decision, depends on the context in which the