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

'SheHerGirls' Launches Through Paysite.com

The braintrust behind PoleVixens has officially launched a new membership site, SheHerGirls, also through Paysite.com.

FTC Invites Public Comment on 'Click to Cancel' Rulemaking

The Federal Trade Commission (FTC) announced this week that it is seeking public comment on whether it should amend its Negative Option Rule to better address deceptive or unfair practices.

'PSMTickling' Launches Through Paysite.com

PSMTickling.com has officially launched through Paysite.com.

JuicyAds Marks 20-Year Anniversary

JuicyAds is celebrating its 20th anniversary.

AEBN Publishes Popular Searches for January, February

AEBN has published the top search terms for January and February from its straight and gay theaters in all 50 states and the District of Columbia.

2026 TEAs Shine Bright in Celebration and Solidarity

The industry’s trans adult performers, creators and creatives came together Sunday night at the historic Avalon nightclub in Hollywood for an evening of well-deserved celebration: the 2026 Trans Erotica Awards.

Kansas Plaintiff Drops Chaturbate AV Suit, Revamps SuperPorn Complaint

The plaintiff in a lawsuit alleging that cam platform Chaturbate violated Kansas’ age verification law has voluntarily dismissed that action, while retooling a similar complaint against adult site SuperPorn.

New Creator Networking Platform 'CollabGPS' Launches

CollabGPS, a new creator networking platform designed to facilitate safe collaboration, has officially launched.

Chaturbate Launches Yearlong 15th Anniversary Campaign

Chaturbate has launched a yearlong campaign to celebrate its 15th anniversary, titled “CB15.”

Show More