Legal > Legal: Trademarks
May. 5, 2008 at 11:10am by Greg Sterling
Changes To Google UK Trademark Policy May Result In Lawsuits
In the US marketers may use competitors' trademarks as keywords, so long as they don't appear in the ad text itself. Previously Google used a more restrictive policy in the UK, not allowing use of competitors' trademarks at all. Last month the company changed its UK rules to conform to...
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Apr. 28, 2008 at 8:43am by Barry Schwartz
US Court Orders Advertiser To Use Negative Keywords In Trademark Case
Eric Goldman reports that a US District Judge in Florida ordered an advertiser using a trademark term to use the negative keyword option, to ensure that they would no longer bid on that term in the future. The judge ordered the defendant to stop using the word "ORION" in their...
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Apr. 25, 2008 at 8:31am by Barry Schwartz
US Court Learns SEO, Decides META Keywords Don't Matter
Court Says Keyword Metatags Don't Matter--Standard Process v. Banks by Eric Goldman uncovers a recent case between Standard Process, Inc. v. Banks that shows that the court has ruled that the META keywords tag is "immaterial." Goldman said this is the first time the courts ruled based on knowledge of...
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Apr. 8, 2008 at 4:14pm by Barry Schwartz
US Court Rules Trademarks In Meta Tags Can Constitute Infringement
Eric Goldman reports that an 11th circuit, US Court of Appeals has upheld a district court's decision that the use of trademarked terms in meta tags can cause confusion and thus can constitute trademark infringement. North American Medical Corp. v. Axiom Worldwide, Inc. docket number 06-01678 CV-JTC-1 (PDF) doesn't specifically...
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Apr. 4, 2008 at 8:34am by Barry Schwartz
Google To Allow Bidding On Keyword Trademarks In UK
The UK PPC Blog tipped me off to Google announcing that the UK AdWords trademark policy has been changed to work like the US AdWords trademark policy. What this means is that UK advertisers can now bid on trademark terms. Earlier, those trademarked terms were blocked from bidding on within...
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Mar. 24, 2008 at 9:08am by Barry Schwartz
Court: Use Of Trademark In AdWords Copy Is An Infringement
Eric Goldman commented on a case between one advertiser using another advertiser's trademark in Google AdWords. The court has made a decision (PDF), ruling for the plaintiff, Storus, who sued Aroa for using their trademark in the AdWords title text. Eric Goldman said this is one of the first times...
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Mar. 7, 2008 at 2:33pm by Barry Schwartz
Utah Neuters Search Ad Trademark Keyword Law
The Google Public Policy Blog informed us that Utah has changed the law that restricted search engines from triggering ads based on trademarked terms. This reversal now puts Utah in sync with the precedent set forth by the federal trademark law. In short, you can now legally bid on trademarked...
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Nov. 21, 2007 at 8:06am by Chris Silver Smith
Google On Everyone's Lips: A Trademark Nightmare?
So, I got this Google-branded lip balm from the Google Store. I couldn't resist it—it just seemed like such a kooky thing for them to brand. After getting it, I feel like Google might be approaching some sort of critical mass, and that they could be in danger of losing...
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Nov. 16, 2007 at 9:39am by Barry Schwartz
Google To Defend Against "Selling Top Spot" In June 2008
Australian court sets June date for Google case from Reuters updates us on the Australian Competition and Consumer Commission (ACCC) suit against Google. The Australian watchdog sued Google over deceptive search ads back in July of this year. They then went to court to have their case adjourned to October...
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Nov. 12, 2007 at 10:24am by Barry Schwartz
Google Won't Hand Over Competitive Data If Hit With Subpoena
Eric Goldman has updated us on the ongoing Connor Sport Court and Rhino Court case involving Google. The case, which we covered in Want Competitive Keyword Information? Just Subpoena Google!, suggested that Google was going to hand over competitive keyword data simply because one company filed a subpoena for it....
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Oct. 26, 2007 at 8:13am by Barry Schwartz
Judge Rejects Google's Motion To Dismiss American Airlines Suit
Eric Goldman reports Judge John McBride has denied Google's motion to dismiss the American Airlines search ad trademark suit. The court document does not explain why the judge denied Google's motion. All it says is that he dismissed the motion. Eric Goldman feels that taking this case to court will...
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Oct. 19, 2007 at 8:28am by Barry Schwartz
Viacom May Want To Work With Google In Future
Viacom could work with Google in future: CEO from Reuters reports Philippe Dauman, Viacom's CEO, as saying "I suspect at some point in the future we'll work with Google." He made that statement Web 2.0 Summit in San Francisco even after Viacom claimed they would still continue their legal action...
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Oct. 18, 2007 at 9:01am by Barry Schwartz
Viacom Will Still Sue Google, Despite YouTube Piracy Filter
Viacom Says The Google Suit Is Still On from MediaPost reports that Viacom will continue its $1 billion suit over alleged copyright infringement on YouTube, even after Google launched its new YouTube piracy filter this week. Viacom spokesman Jeremy Zweig said the video identification tool "doesn't have any impact" on...
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Oct. 15, 2007 at 3:52pm by Barry Schwartz
Google to Launch YouTube Piracy Filter Today
Google Begins Offering New YouTube Piracy Fighter from CNNMoney reports Google will be announcing their YouTube video ID tool to help prevent content piracy, as soon as today. The source of this information has not been disclosed, nor have any additional details. The source did say that Google would provide...
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Oct. 3, 2007 at 9:06am by Barry Schwartz
Google Ordered To Pay $14,000 In Germany Over Gmail Trademark
Google fined in German Gmail trademark case from News.com reports Google was ordered by a German court to pay $14,000 over using m.gmail.com for their mobile Gmail users. As we know, Google lost the Gmail trademark case in Germany and was ordered to stop using Gmail.com. It appears that Google...
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Sep. 24, 2007 at 10:25am by Barry Schwartz
Google Asks Judge To Deny Boarding To American Airlines Lawsuit
Google seeks dismissal of American Airlines suit from Dallas Business Journal reports that Google has filed a motion to dismiss the American Airlines vs. Google trademark case. In that case, American Airlines sued Google for allowing advertisers to bid on their trademark names. Gary Price located the motion to dismiss...
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Sep. 3, 2007 at 3:04pm by Danny Sullivan
Google Victory In American Blinds Settlement Over Trademark-Triggered Search Ads
One of the oldest outstanding trademark-infringement lawsuits filed against Google over search ads -- that by American Blinds & Wallpaper -- has been settled in what I'd agree with legal analyst Eric Goldman in calling a stunning victory for Google. Google has to pay nothing and change nothing to see...
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Sep. 3, 2007 at 3:00pm by Danny Sullivan
Paid Search Ads & Trademarks: A Review Of Court Cases, Legal Disputes & Policies
Over the years, we've seen a number of lawsuits filed against search engines or between companies regarding ads that are linked to trademark terms. Below, a rundown on some of the more notable cases. Before the recap, a little background. To those not familiar with trademark law, the cases can...
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Aug. 29, 2007 at 9:30am by Barry Schwartz
CCIA, Google & Microsoft Launch "Defend Fair Use" Web Site
Google, Microsoft-backed group ready to Defend Fair Use from Ars Technica reports Google and Microsoft are backing a new web site, organized by the Computer & Communications Industry Association (CCIA), named Defend Fair Use. The web site is accepting signed petitions to support their push to make copyrights clearer to...
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Aug. 17, 2007 at 8:39am by Barry Schwartz
Google Sued For Trademark Infringement By American Airlines Over Sponsored Ads
Eric Goldman reports that American Airlines is suing Google over trademark infringement in AdWords. As Eric points out, this type of lawsuit is nothing new to Google. Many companies have taken Google to court for allowing advertisers to bid on their trademarked names. However, in this case, American Airlines, the...
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Jul. 25, 2007 at 9:12am by Barry Schwartz
Yahoo & Others Form Coalition Against Domain Name Abuse
Brand Owners on Web Offensive from Red Herring reports that Yahoo, Dell, Coca Cola, Hilton and others have joined together to fight cybersquatting. The companies formed a collation against cybersquatters named Coalition Against Domain Name Abuse. Cybersquatters purchase domain names that are similar to trademark names, such as yahooemail.com and...
