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  1. #1
    MasterMike HardwareGeek's Avatar
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    January 18th, 2005
    Google to defend trademark bidding in court

    Seems like the lower court got over ruled

  2. #2
    Super Dawg Member Phil Kaufman aka AffiliateHound's Avatar
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    January 22nd, 2007
    West Covina, CA
    The CNET article is very poorly written and really does not describe the issues or true status of the case.

    In 2005 Rescuecom sued Google in Federal District Court, complaining that they were being damaged when Google sold Adwords ads to their competitors (NOT affiliates - not an issue in this case), where they were allowed by Google to use Rescuecom trademark terms as keywords, linking to adds that took potential customers to Rescuecom's competitors.

    In 2006, the US District Court dismissed Rescuecom's complaint, and they appealed. Now, three years later, the U.S. Court of Appeals overturned the trial court's ruling, apparently stating that Rescuecom stated a valid cause of action against Google, and that the case should be decided on its merits in the trial court.

    The implications of this case are enormous.
    Last edited by Phil Kaufman aka AffiliateHound; April 3rd, 2009 at 10:55 PM.

  3. #3
    Super Dawg Member Phil Kaufman aka AffiliateHound's Avatar
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    January 22nd, 2007
    West Covina, CA
    Too late to add to prior post:

    Affiliate trademark bidding apparently was not an issue the plaintiff raised, but the ultimate ruling in this case will likely also apply to affiliates.

  4. #4
    Merchant & ABW Ambassador
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    May 31st, 2006
    Houston TX
    read all about it.

    Original complaint in PDF

  5. #5
    Outsourced Program Manager Paul Schroader's Avatar
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    January 18th, 2005
    I found this paragraph to be key:

    Many of Rescuecom’s competitors advertise on the Internet. Through its Keyword Suggestion Tool, Google has recommended the Rescuecom trademark to Rescuecom’s competitors as a search term to be purchased. Rescuecom’s competitors, some responding to Google’s recommendation, have purchased Rescuecom’s trademark as a keyword in Google’s AdWords program, so that whenever a user launches a search for the term “Rescuecom,” seeking to be connected to Rescuecom’s website, the competitors’ advertisement and link will appear on the searcher’s screen. This practice allegedly allows Rescuecom’s competitors to deceive and divert users searching for Rescuecom’s website. According to Rescuecom’s allegations, when a Google user launches a search for the term “Rescuecom” because the searcher wishes to purchase Rescuecom’s services, links to websites of its competitors will appear on the searcher’s screen in a manner likely to cause the searcher to believe mistakenly that a competitor’s advertisement (and website link) is sponsored by, endorsed by, approved by, or affiliated with Rescuecom.

    It may come down to disallowing Google's Keyword Suggestion Tool to recommend competitive trademarks.
    Paul Schroader
    PS Web Solutions, Inc.
    Phone: 800.823.2602 | email: pauls at | Y!: pswebdude

  6. #6
    Affiliate Manager's Avatar
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    January 17th, 2005
    Long Island, New York
    Just read the decision, this will be a wake up call to Goggle.

    Should be interesting when all the plaintiffs that lost on similar grounds which may now re commence their suits. like Geico
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  7. #7
    Beachy Bill's Avatar
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    November 20th, 2005
    Hopefully, good ethics will prevail.
    Bill / Marketing Blog @ 12PM - Current project: Resurrecting my "baby" at South Baltimore..
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  8. #8
    Affiliate Manager Alan Hamilton's Avatar
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    March 13th, 2006
    Colorado / Florida
    Quote Originally Posted by Bill
    Hopefully, good ethics will prevail.
    I have a gut feeling that if "good" ethics prevailed, this claim would not have been brought in the first place? But then again, I'm such an incurable optimist....
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