If Terri Welles can, why can't we?

Probably because Netscape never appeared naked in an issue of Playboy or named Playmate-of-the-Month like Ms. Wells (but Jamie Presley does this month). The three-judge panel of the 9th U.S. Circuit Court of Appeals indicated that genuine issues of material fact exist with respect to defendants' practice of requiring adult-oriented companies to link their banner ads to search terms "playboy" and "playmate" since both the fame of these marks and the likelihood of dilution are in dispute. Playboy Enter., Inc. v. Netscape Communications Corp., (9th Cir. January 14, 2004) (reversing summary judgment for defendants).

At issue in the suit is the practice of "keying" which allows advertisers to target individuals with certain interests by linking advertisements to pre-identified terms.

Update: Unfortunately for search engine operators, the case has settled.

See also: Seattle PI article for more info. | 1-800-Contacts v. WhenU | Diverting Traffic On The Web | Search Engine Comparative AdWare-tising Under Scrutiny