According to the legislative review note accompanying the legislation,
This legislation allows the registration of an electronic mark that would
prohibit the triggering of an advertisement for a competitor. The most prominent
application for this type of mark is the use of user-entered search terms in an
Internet search engine to trigger advertisements. These triggered advertisements
are often advertisements for a competitor of an entity whose name is entered in
the search engine by a potential customer. Because of the potential impact on
interstate commerce from the state's regulation of electronic registration mark
use on Internet search engines, this legislation has a high probability of being
held to be unconstitutional.
"Google has already publicly taken the position that the act is unconstitutional," notes Wendy Robertson. Learn more from Inside Counsel.