Adam Bialek (Partner-New York, NY) and Taylor Bialek (Associate-New York, NY) authored “The Case for Conquest Advertising – Why Competitive Keyword Bidding Is Fair,” which appeared in the February 24, 2025, posting of Ad Age in the Opinion section. The authors discuss the Ninth Circuit’s decision to uphold the right to bid on keywords without invoking trademark infringement. In a suit between competing Arizona personal injury law firms, the Ninth Circuit affirmed that the plaintiff failed to establish a likelihood of confusion by the defendant’s purchase of a keyword search term. At issue was “‘conquesting,’ in which companies intentionally bid on search terms or keywords that relate directly to competitors to promote their own brand recognition or increase consumer interest over a competitor.”