Network Automation, Inc. (Network), and Advanced Systems Concepts (Systems) are both in the business of selling job scheduling and management software, and both advertise on the Internet. Network sells its software under the mark Auto-Mate, while Systems' product is sold under the registered trademark ActiveBatch. Network decided to advertise its product by purchasing certain keywords, such as "ActiveBatch," which when keyed into various search engines, most prominently Google and Microsoft Bing, produce a results page showing "www.NetworkAutomation.com" as a sponsored link. Systems objected to Network's use of its trademark to interest viewers in Network's website and later sued Network for trademark infringement.
What elements would Systems have to prove in order to establish that infringement occurred? What factors that you read about in Chapter 8 would be relevant, and how should the court have applied them? Is Systems entitled to legal relief?