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I would argue that when Google serves nike.com as the top real search result, over the nike.com ad it charges Nike to show, it's well aware of what context it's

• kube-system 6y ago
  By context -- I am referring to the legally relevant context: use in trade. Google doesn't sell apparel, and they certainly don't sell apparel that is labelled 'Nike'. Contrary to popular misconception, trademarks are not an exclusive right to a use word. They are an exclusive right to use a word for identification of a business' goods or services pertaining to particular trade. If Google does not use the 'Nike' mark specifically to engage in one of the trades that Nike holds that trademark for, they are not infringing on the mark. There may be another reason that Google's behavior here is not legal, but trademark infringement is not it. Entertaining example of how trademarks are contextually scoped to a particular trade: https://en.wikipedia.org/wiki/Trademark#/media/File:LinuxWasch3.jpg https://en.wikipedia.org/wiki/Trademark#/media/File:LinuxWas...
• bryanrasmussen 6y ago
  >it's well aware of what context it's being used in. I don't think so, I think it's just guessing. I just went and searched Nike to find the Greek goddess as suggested earlier, but it still showed me the shoes nike.com despite that being obviously wrong for what I wanted.