Google Warns State of Utah on New Law

SALT LAKE CITY — A new Utah state law that curbs keyword-triggered advertising is unconstitutional and probably will be challenged in court, Google officials said.

The law was created by Unspam Technologies CEO Matthew Prince, the same brains behind the controversial child-protection registry, which requires adult companies to submit their email lists to be "scrubbed" of e-mail addresses to which minors could have access. The Free Speech Coalition currently is challenging the registry in court.

As for the Utah law, Google did not confirm it would be the one to bring the law to court but does plan to work with other Internet companies to show Utah officials why the law hurts consumers, violates free speech and is inconsistent with both established U.S. trademark law and the U.S. capitalist system, Google spokesman Adam Kovacevich told The Salt Lake Tribune.

The law, named the Trademark Protection Act, initially was doubted to pass, because of the possibility of litigation. But it showed up late in the Utah Legislature’s session and passed with almost no opposition. Unless a special session surfaces or a court injunction is placed, the law will take effect June 30.

The law would work like this: companies that register trademarks in Utah will be protected from competitors looking to buy the right to get a sponsored link to show up right above the search results, from a keyword you put in the search box.

For example, if you type Overstock.com into Google's search engine, you will get sponsored links to SmartBargains.com, Buy.com and Webspawner.com. The new law would allow Overstock to sue the search engine and the competitor if such ads do show up in Utah-based Internet searches.

“Competition, which generally helps lower prices and benefits consumers, is fueled in part by companies being able to use advertising to draw contrasts with their competitors," Kovacevich said.

But Rep. David Clark, R-Santa Clara, Utah, the House sponsor of the law, argues that the law "places Utah in the front of the pack of U.S. states in trademark protection…I'm sorry they feel it's still the Wild West on the Internet," he said of Google and bloggers who have been blasting the law.

If litigation does occur, it shouldn’t surprise Utah legislators, as they were warned by their own lawyers. A legislative review note said the Trademark Protection Act had a "high probability of being found unconstitutional," according to the State Tribune.

And even Prince thinks the state will probably get sued. "I warned them during the session that this would make Google mad," he said.

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

TSBlondieNYC Launches Official Website Through PAYSITE

TSBlondieNYC has launched an official website through PAYSITE.

Teasr Launches Live Shopping Platform for Creators and Sexual Wellness Brands

Teasr has officially launched its live-selling and social-shopping platform for wellness brands, creators, educators, and artisans.

JulModels Launches Cross-Paysite Royalty Generation Feature for Performers and Creators

JulModels has introduced JulRoyalty, a feature that allows performers and creators to earn royalties from their existing scenes and clips.

FSC Hails Members, Allies in SCREEN Act Victory

The Free Speech Coalition (FSC) released a statement today praising its members and allies after a successful lobbying effort to prevent the SCREEN Act, a nationwide age verification bill, from advancing out of the Commerce Committee for a full vote on the Senate floor.

SCREEN Act Stalls in Senate Committee Over Technicality

The Senate Commerce Committee on Wednesday voted to approve the SCREEN Act, which would mandate nationwide site-based age verification of users seeking to access adult content online, but a procedural issue blocked the bill from advancing to the full Senate.

DarkFans Adds Time-Limited Content Pricing

DarkFans has debuted its Configure Limits feature for automating content promotions.

Clips4Sale, Free Speech Coalition Partner for 'Creator Workflow' Webinar

Clips4Sale (C4S) and Free Speech Coalition (FSC) partnered for a webinar titled “Organization & Workflow: Simple Systems for Busy Creators.”

Pineapple Support, Streamate Partner for 'Self-Parenting' Support Group

Pineapple Support and Streamate are hosting a free online support group focused on self-care for performers, titled "Self-Parenting: Becoming Your Own Safe Space."

Nerds of Porn to Relaunch Site Through MyMember.site

Nerds of Porn is relaunching its membership site through MyMember.site on Aug. 14.

Show More