Sarah Bro

is an associate in the law firm of McDermott Will & Emery LLP and is based in the Firm’s Orange County office. Sarah focuses her practice on trademark prosecution and trademark litigation support.

While in law school, Sarah received a specialized certificate in intellectual property law and was named the 2009 Outstanding Fellow for Whittier’s Center for Intellectual Property Law. She also gained practical experience in the areas of intellectual property prosecution and litigation while serving as a law clerk for nearly two years.

At McDermott Will & Emery, Sarah assists clients with all stages of domestic and international trademark prosecution, and provides consultation with respect to the selection and enforcement of trademarks. Sarah has extensive experience in the research, drafting and filing of documents with the U.S. Patent and Trademark Office, the Trademark Trial and Appeal Board and the U.S. Copyright Office.

Sarah is admitted to practice in California.

Recent Articles by

Do Online Retailers’ Search Results Constitute Trademark Infringement?

Since the inception of the search engine, trademark owners, advertisers, search engine providers, and the courts have struggled with the issue of the use of third-party trademarks in keyword advertising and search returns, and whether such trademark use is likely to confuse consumers when they are searching for information regarding a particular brand. Despite an array of holdings on this issue over the years, following the 2011 decision in Network Automation, Inc. v. Advanced System Concepts, Inc., the Ninth Circuit and other courts have generally held that the potential for “mere diversion” of a consumer caused by the use of a third party’s trademark in connection with sponsored keywords or search results does not constitute trademark infringement unless a trademark owner can demonstrate that particular search returns or sponsored keyword advertisements are likely to cause confusion based on the specific use or presentation of a trademark in a search return.