Results 1 to 8 of 8
  1. #1
    MasterMike HardwareGeek's Avatar
    Join Date
    January 18th, 2005
    Posts
    3,810
    Google to defend trademark bidding in court
    http://news.cnet.com/Appeals-court-G...orsPicksArea.0

    Seems like the lower court got over ruled

  2. #2
    Super Dawg Member Phil Kaufman aka AffiliateHound's Avatar
    Join Date
    January 22nd, 2007
    Location
    West Covina, CA
    Posts
    8,443
    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 11:55 PM.
    Since June 10, 2012 a vegan aarf but still writing the Hound Dawg Sports Blog
    "If you don't have time to do it right, when will you have time to do it over?" -John Wooden;
    "Raj, there’s no place for truth on the internet." -Howard Wolowitz[/SIZE]

  3. #3
    Super Dawg Member Phil Kaufman aka AffiliateHound's Avatar
    Join Date
    January 22nd, 2007
    Location
    West Covina, CA
    Posts
    8,443
    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.
    Since June 10, 2012 a vegan aarf but still writing the Hound Dawg Sports Blog
    "If you don't have time to do it right, when will you have time to do it over?" -John Wooden;
    "Raj, there’s no place for truth on the internet." -Howard Wolowitz[/SIZE]

  4. #4
    Merchant & ABW Ambassador
    Join Date
    May 31st, 2006
    Location
    Houston TX
    Posts
    4,731
    read all about it.

    Original complaint in PDF
    http://www.ca2.uscourts.gov/decision...23ee/1/hilite/

  5. #5
    Outsourced Program Manager Paul Schroader's Avatar
    Join Date
    January 18th, 2005
    Posts
    158
    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 pswebsolutions.com | Y!: pswebdude

  6. #6
    Affiliate Manager PetsWarehouse.com's Avatar
    Join Date
    January 17th, 2005
    Location
    Long Island, New York
    Posts
    1,616
    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
    Bob Pets Warehouse
    Worlds Largest Pet Supply DataBase
    Join our Share-A-Sale Program [since 2003] Twitter



  7. #7
    Beachy Bill's Avatar
    Join Date
    November 20th, 2005
    Posts
    8,266
    Hopefully, good ethics will prevail.
    Bill / Marketing Blog @ 12PM - Current project: Resurrecting my "baby" at South Baltimore..
    Cute Personal Checks and Business Checks
    If you are too busy to laugh you are too busy.

  8. #8
    Affiliate Manager Alan Hamilton's Avatar
    Join Date
    March 13th, 2006
    Location
    Colorado / Florida
    Posts
    4,411
    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....
    Join the Spicy Aprons Affiliate program on ShareASale Visit us on Facebook www.facebook.com/spicyaprons Follow us on Twitter @Spicyaprons

  9. Newsletter Signup

+ Reply to Thread

Similar Threads

  1. Bidding on your trademark?
    By gesman in forum Search Engine Optimization
    Replies: 6
    Last Post: November 13th, 2008, 10:35 AM
  2. Trademark Bidding?
    By Code Monkey in forum Midnight Cafe'
    Replies: 9
    Last Post: August 25th, 2008, 02:16 PM
  3. Trademark bidding
    By loxly in forum Search Engine Optimization
    Replies: 51
    Last Post: July 27th, 2007, 01:21 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •