Interesting tidbits have emerged from Google’s release of an unredacted appellate brief from its trademark battle with advertiser Rosetta Stone. While none of the information is earth-shattering, it’s interesting to note that Rosetta Stone earns a better return-on-investment from advertising with Google AdWords than any of its other advertising methods. Between July 2007 and March […]
Guess which one of these company names is Google approved? An alcohol price comparison search engine based in Australia has been forced to change its name after a six-month trademark battle with Google. Originally called “Groggle,” the web site is now known as Drinkle. According to the Sydney Morning Herald, Groggle owner Cameron Collie received […]
paidContent reports Rosetta Stone, which lost their trademark case against Google a year or so ago, is taking the case to the U.S. Court of Appeals. Rosetta Stone claimed that the ads on Google infringed trademark law and confused consumers. The court ruled in Google’s favor but Rosetta Stone decided to appeal. This is significant […]
Google wrote that they were victorious in a ruling today by the French Supreme Court over trademark infringement charges brought to them by three companies. But not everyone agrees that Google was indeed the winner here. Google wrote: Today, the French Supreme Court was unequivocal in their rulings and anyone who reads them will be […]
Google has won what appears to be a major legal victory in German (and so probably the rest of Europe) on the question of whether image search and showing thumbnails violates copyright law. The Google European Public Policy Blog succinctly describes the facts and holding: We are heartened by the German Supreme Court´s ruling today […]
Google warns Chinese copycat website: report via the AFP reports Google has sent a warning to the Chinese Google knockoff, Goojje to stop using their logo. Google said the Goojje logo is infringing on its trademark since the logo could be mistaken as an authorized Google web site. The Goojje logo is still live as […]
Below is what happened in search today, as reported on Search Engine Land and from other places across the web. From Search Engine Land: Paper: Google Using Legal And Accounting Tricks To Avoid UK Taxes The Guardian in the UK is reporting that Google is using “a cross-border network of subsidiary companies to ensure it […]
Small design firm sues Microsoft over Bing name from Ars Technica reports a St. Louis based design firm named Bing! is suing Microsoft for using their name. Bing! Information Design (www.bing.biz) is suing over “trademark infringement, unfair competition, and tortious interference with business expectancy.” They filed their case on Wednesday, December 16th in Circuit Court […]
I was pointed to a filed affidavit (PDF) between Jenzabar & Robert Maginn as the plaintiffs versus Long Bow Group as the defendants. In short, it seems like the plaintiff is suing the defendants over trademark infringement within a site’s keyword meta tags. What is interesting is not that there is a lawsuit about this, […]
Google is fighting back against the get-rich-quick and work-from-home scams that use its name. The company says it’s suing to stop what it calls “a widespread Internet advertising scam” that often goes under names like “Google Cash,” “Google Money Kit,” “Google Profits,” and more. Google has made available the text of its lawsuit (PDF) against […]
We have covered many of the search ad keyword lawsuits aimed between competitors or directly at the search engines in the past. Nowadays, it seems like a new suit around this topic is filed weekly. Typically these suits go after trademark violations and the like, but a new suit is focusing on a privacy legality. […]
Like many people, I misspelled a domain name today when I was trying to visit a web site. I typed Twiter.com (with one T) rather than Twitter.com. I wasn’t surprised to land on a site with ads, as is common when entering typos. I was surprised that both Google and Yahoo were making money off […]
Google Can Sell Trademarked Keywords, EU Adviser Says from Bloomberg News reports the EU’s highest court has ruled Google can sell trademarked keywords in search ads. As we reported back in June 2008, Louis Vuitton sued Google over trademark issues with search ads and Google then appealed to this court. Google has won that appeal […]
Jeremy “Shoemoney” Schoemaker has confirmed that the case between his company and Google AdWords employee, Keyen Farrell, has been settled. Jeremy said, “I can say that my lawsuit against the Farrells was settled,” in his blog. For more history on this case, see the following stories: Keyen Farrell Countersues Jeremy Schoemaker, Claiming Defamation Why Hasn’t […]
As you may know, Google recently loosened its policy in the USA related to the use of trademarks in ad copy text, which went into effect on June 15, 2009. The big question is: has this change resulted in an increase in trademark use? The answer is yes. The Search Monitor tracks and monitors trademark […]
Back in April, Jeremy “Shoemoney” Schoemaker filed suit against Google AdWords employee Keyen Farrell, saying that Farrell had violated his trademark on “Shoemoney” by using it Google ads. Today, Farrell is firing back with a suit saying that Shoemaker has defamed him. From the release put out on behalf of Farrell: If you searched the […]
Finally, Twitter’s making a move toward verified accounts — with the news coming out from the service in response to reports it had settled a lawsuit with the manager of the St. Louis Cardinals, Tony La Russa, over how someone apparently impersonated him on the service. Twitter denies any settlement. Earlier today, St. Louis Today […]
Earlier this month, my Why Hasn’t Google Cleared, Fired Or Suspended Accused AdWords Employee? article asked why Google hadn’t yet publicly commented about accusations that one of their employees may have abused the AdWords system for his own benefit. Now the company is speaking up — and saying it has found no wrongdoing. Google’s sent […]
Google, which recently liberalized the use of trademark terms as a trigger for showing ads, has again opened up its ad policies to allow trademark terms to be used within ad copy, in certain circumstances, within the United States. Currently, registered trademark holders can request that Google prevent their trademarks from being used in ad […]
We obtained documents on a court order that the judge issued in the Jeremy Schoemaker case against a Google employee for trademark infringement. Both Jeremy and the defendant filed motions, in which the court ordered the defendant to hand over the historical data of his AdWords account, amongst other items. The court order, which is […]
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 […]
Google takes plenty of well-publicized heat for things it hasn’t really done or concerns that get hyped. But in the case of one of its AdWords employees being accused of bypassing AdWords policies for his own benefit, I’m surprised the Big G isn’t being dragged over the coals. Over a month after the initial accusations, […]
We have an update on the story “Google Employee Alleged To Have Bypassed AdWords Trademark Policy For Own Benefit” from about a month ago. Keyen Farrell, the Google AdWords employee, has filed his documents with the court. I have attached those documents below for you to read. In short, Keyen Farrell claimed he did not […]
An Illinois small business owner is suing Google and 46 other companies because he says they’re infringing on his business name: Android Data. Forbes reports that the lawsuit was filed Tuesday, and seeks almost $100 million in damages from Google and all other companies in the Open Handset Alliance, which includes T-Mobile, Motorola, Toshiba, Sprint […]
Well-known internet marketer Jeremy “ShoeMoney” Schoemaker has filed suit against Keyen Farrell, apparently a Google employee alleged to have used Schoemaker’s US-registered trademark in search ads on Google. While issues over trademarks in search ads are heating up, the bigger issue in the case is why Google itself didn’t take action to stop the ads […]
Last week the Second Circuit Court of Appeals issued a ruling in the Rescuecom v. Google case that has some potentially serious implications for all concerned. The appellate court has jurisdiction over cases arising in Connecticut, New York, and Vermont but the case has national impact because of the way that AdWords is operated and […]
Eric Goldman reports that Utah, for the third time, is trying to regulate keyword advertising by proposing new law. The first two times they failed, but they are hoping the third time will be a charm. This revised law proposal, HB 450, is trying to prevent registered marks as triggers for keyword advertising but specifically […]
Eric Goldman covers a recent lawsuit where Heartbrand Beef, Inc. sued several companies, including Yahoo, for selling the keyword “Akaushi” to Lobel’s of New York. Akaushi is a very expensive Japanese type of beef, known for being marbled with fat and coming out extremely tender. Lobel’s does not sell Akaushi, but Heartbrand is the largest […]
In my last Industrial Strength post, Using Competitive Intelligence To Protect Your Brand, I wrote about how to use tools like Hitwise to protect your brand. I am going to explore this topic a bit more, but this time show some of the unique features of AdGooroo. Since I did not show an example of […]
Below is what happened in search today, as reported on Search Engine Land and from other places across the web.
Protecting your brand online is an ongoing activity. It requires hard work and due diligence. One area of concern is when others bid on your brand, or use your brand name in their ads. My current understanding of Google’s policy is that it’s OK to bid on a competitive brand name, but it is not […]
American Airlines Drops Google Trademark Lawsuit from Bloomberg reports that the two sides have settled the search ad legal dispute. Each side has agreed to pay their own legal fees and the terms of the settlement were not disclosed. American Airlines sued Google about a year ago over trademark infringement in their AdWords product. In […]
Search ads trigger trademark lawsuit from rival from News.com reports on another search ad trademark lawsuit. This one differs in that the plaintiff is not suing a search engine, but rather suing his competitor. NameSafe sued LifeLock for allegedly allowing one of their resellers to show search ads with NameSafe’s trademarks within the ad copy. […]
Google wants to attract more brand advertising dollars in search. However, it also allows marketers to bid on trademarked or branded terms they don’t own or control so long as those keywords are not part of the ad copy. This practice so far passes legal muster in the US (although there’s ongoing litigation). Google recently […]
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 search ad campaigns by adding […]
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 how the META keywords impact […]
Below is what happened in search today, as reported on Search Engine Land and from other places across the web.
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 say if the trademarked terms […]
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 we have seen the plaintiff […]
Did you know you could get some tasty food from Yahoo? Well, not Yahoo the search company, but Ya-Hoo! the baking company at YahooBakingCo.com. Notice, part of the Ya-Hoo! name is the exclamation point at the end. The main difference between Yahoo! and Ya-Hoo! is the hyphen separating “Ya” and “Hoo.” In the footer of […]