A federal judge has allowed a trademark action by a perfume retailer to go forward, holding that a rival’s use of the plaintiff’s name and Web site in Google’s AdWords Program, which resulted in the defendant’s name appearing at the top of the page each time a user searched for the plaintiff, may constitute an actionable claim.

Eastern District Judge Joseph F. Bianco’s decision on a motion to dismiss turned on whether a registered trademark may be deemed “generic,” and therefore unprotectable.

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