Eric Goldman reports that Google was sued yesterday by FBX for infringing on the trademarks of all of the Texas trademark owners. Yes, this is a massive class action suit, not just against Google but also against YouTube, AOL, Tuner, MySpace and IAC.
We have had many suits filed against Google over trademark infringement in the AdWords system, but this one differs in that it is a class action lawsuit. Eric said it best, “If a plaintiff’s lawyer could win an injunction on behalf of every trademark owner in the state of Texas, that could bring Google to its knees. Surely Google would be willing to write over a few billion dollars to prevent that from happening…”
Eric believes the judge won’t allow the case because all trademark suits are different, which is why he believes we have never seen it before. But if it does make it to court, it should be an interesting case to follow.