Feeds

Google comes up trumps in AdWords dispute

'Internal use' not trademark violation

Top 5 reasons to deploy VMware with Tegile

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.

Security for virtualized datacentres

More from The Register

next story
Facebook pays INFINITELY MORE UK corp tax than in 2012
Thanks for the £3k, Zuck. Doh! you're IN CREDIT. Guess not
Big Content outs piracy hotbeds: São Paulo, Beijing ... TORONTO?
MPAA calls Canadians a bunch of bootlegging movie thieves
Google Glassholes are UNDATEABLE – HP exec
You need an emotional connection, says touchy-feely MD... We can do that
Just don't blame Bono! Apple iTunes music sales PLUMMET
Cupertino revenue hit by cheapo downloads, says report
US court SHUTS DOWN 'scammers posing as Microsoft, Facebook support staff'
Netizens allegedly duped into paying for bogus tech advice
Feds seek potential 'second Snowden' gov doc leaker – report
Hang on, Ed wasn't here when we compiled THIS document
Verizon bankrolls tech news site, bans tech's biggest stories
No agenda here. Just don't ever mention Net neutrality or spying, ok?
prev story

Whitepapers

Cloud and hybrid-cloud data protection for VMware
Learn how quick and easy it is to configure backups and perform restores for VMware environments.
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.
High Performance for All
While HPC is not new, it has traditionally been seen as a specialist area – is it now geared up to meet more mainstream requirements?
New hybrid storage solutions
Tackling data challenges through emerging hybrid storage solutions that enable optimum database performance whilst managing costs and increasingly large data stores.
Security and trust: The backbone of doing business over the internet
Explores the current state of website security and the contributions Symantec is making to help organizations protect critical data and build trust with customers.