As you know, a big issue in online trademark law is the meaning and import of a "trademark use in commerce" requirement. To win its case, a trademark plaintiff must show that the defendant made a use in commerce of the plaintiff's trademark. This sounds simple in theory but, due to bad statutory drafting and deep-seated conflicting policy norms, in practice this element has proven baffling to judges. As a result, courts have deeply split on whether keyword triggering or metatag inclusion qualifies as a trademark use in commerce. This has also sparked a robust academic debate; see, e.g., my previous blog post.