Feeds

Google comes up trumps in AdWords dispute

'Internal use' not trademark violation

Intelligent flash storage arrays

A New York district court has dismissed a lawsuit brought by Rescuecom, a computer repair firm, that accused Google of trademark infringement by selling its brand as a search term.

Google's keyword advertising system is called AdWords. If a company pays for a keyword it means its text advert will be displayed alongside search results when that word is searched for in Google.

Mordue's decision means the case will not be heard, but other courts have allowed similar cases to go further. Insurance company Geico took a case against Google on similar grounds. That case was heard in the Eastern District Court of Virginia and was mostly a victory for Google.

The judge ruled that Google's sale of trademarked words to third parties was not an infringement, but that it would be an infringement to include that trademark in the text ad itself, since that caused a "likelihood of confusion".

That case was settled out of court and neither party has ever revealed the terms of the settlement. Another case, involving American Blind and Wallpaper Factory, is pending.

Judge Norman Mordue of the northern district court of New York ruled in the Rescuecom case that Google's "internal use" did not violate any trademark rights because it was not claimed that it put the trademarked terms on "any goods, containers, displays or advertisements, or that its internal use is visible to the public".

David Milman, CEO of Rescuecom, called the decision a "dangerous precedent".

French courts have taken a firmer view and have ordered Google not to allow a search using one company's trademarks to turn up information about another company's products or services.

See: The ruling (16 page/1.7MB PDF)

Copyright © 2006, OUT-LAW.com

OUT-LAW.COM is part of international law firm Pinsent Masons.

Internet Security Threat Report 2014

More from The Register

next story
The 'fun-nification' of computer education – good idea?
Compulsory code schools, luvvies love it, but what about Maths and Physics?
Facebook, Apple: LADIES! Why not FREEZE your EGGS? It's on the company!
No biological clockwatching when you work in Silicon Valley
Happiness economics is bollocks. Oh, UK.gov just adopted it? Er ...
Opportunity doesn't knock; it costs us instead
Ex-US Navy fighter pilot MIT prof: Drones beat humans - I should know
'Missy' Cummings on UAVs, smartcars and dying from boredom
Yes, yes, Steve Jobs. Look what I'VE done for you lately – Tim Cook
New iPhone biz baron points to Apple's (his) greatest successes
Lords take revenge on REVENGE PORN publishers
Jilted Johns and Jennies with busy fingers face two years inside
Sysadmin with EBOLA? Gartner's issued advice to debug your biz
Start hoarding cleaning supplies, analyst firm says, and assume your team will scatter
Edward who? GCHQ boss dodges Snowden topic during last speech
UK spies would rather 'walk' than do 'mass surveillance'
Doctor Who's Flatline: Cool monsters, yes, but utterly limp subplots
We know what the Doctor does, stop going on about it already
prev story

Whitepapers

Forging a new future with identity relationship management
Learn about ForgeRock's next generation IRM platform and how it is designed to empower CEOS's and enterprises to engage with consumers.
Why and how to choose the right cloud vendor
The benefits of cloud-based storage in your processes. Eliminate onsite, disk-based backup and archiving in favor of cloud-based data protection.
Three 1TB solid state scorchers up for grabs
Big SSDs can be expensive but think big and think free because you could be the lucky winner of one of three 1TB Samsung SSD 840 EVO drives that we’re giving away worth over £300 apiece.
Reg Reader Research: SaaS based Email and Office Productivity Tools
Read this Reg reader report which provides advice and guidance for SMBs towards the use of SaaS based email and Office productivity tools.
Security for virtualized datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.