Eleventh Circuit: Keyword Bidding Alone Not Trademark Infringement

On August 4, 2026, the U.S. Court of Appeals for the Eleventh Circuit issued its decision in Deltona Transformer Corp. v. The NOCO Co. The court affirmed the district court's finding that NOCO infringed Deltona's "battery tender" trademark for vehicle battery chargers and violated state unfair competition laws, resulting in an injunction. It reversed the damages award under state law, however, because the plaintiff had not pled actual damages.

The Eleventh Circuit joined other circuits in ruling that keyword bidding alone cannot support a trademark infringement claim. Because consumers do not see the purchased keyword in the resulting advertisements, the practice cannot create a likelihood of confusion.

The ruling addresses a common online advertising practice and reinforces that visible use of a mark is required for infringement.

Sources: https://ipwatchdog.com/2026/08/07/bites-barks-eleventh-circuit-says-keyword-bidding-isnt-trademark-infringement-and-buc-ee/ https://www.jdsupra.com/legalnews/eleventh-circuit-joins-sister-circuits-6208387/