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April 3rd, 2009, 10:07 PM #1Google to defend trademark bidding in court
Seems like the lower court got over ruled
April 3rd, 2009, 10:27 PM #2
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.
April 3rd, 2009, 11:01 PM #3
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.
April 4th, 2009, 07:38 AM #4
- Join Date
- May 31st, 2006
- Houston TX
April 4th, 2009, 04:35 PM #5
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
April 4th, 2009, 05:43 PM #6
April 4th, 2009, 09:51 PM #7
April 4th, 2009, 10:19 PM #8Originally Posted by Bill
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