Webwork - 8:00 pm on Sep 22, 2009 (gmt 0)

The article goes on to make it clear that TM holders will still have a remedy for the egregious case. The court said trademark holders would have to prove there were specific facts

"giving rise to Google's liability in the context of illegal damage to their trade marks," . . .

In other words, Google may still be accountable for being a party to fraudulent or illicit activity, i.e., assisting - for a fee - in the sale of TM infringing imitations or knock-offs, and profiting therefrom, profits/income no doubt paid from the moneys generated by the illicit activity.

A solution that's not too out of balance with a sense of equity and fairness.