Feeds

Google's AdWords set to face jury for the first time

Wallpapering over the trademark cracks

Remote control for virtualized desktops

Google will face another trade mark law suit over its AdWords system after a judge refused Google's request that the case be thrown out of court. The issue will be tried before a jury for the first time.

Google has already won suits over its ad system, which allows companies to buy the right to display their advert when a certain term is searched for. The new case will be the first to be heard before a jury, according to the lawyers acting against Google.

Trade mark owners have argued that they should be the only firms allowed to advertise when their trade mark is searched for.

American Blind & Wallpaper Factory (ABWF), the US's biggest reseller of window blinds, has sued Google for abuse of trade marks because of rivals' right to buy adverts when web users search for its name. The ad system does not affect the actual search results delivered by Google's search engine.

Google applied for summary judgment in the case, asking the US District Court for the Northern District of California to rule immediately in its favour. That court's judge Jeremy Fogel refused, saying that the issue should go to trial.

"The large number of businesses and users affected by Google's AdWords program indicates that a significant public interest exists in determining whether the AdWords program violates trademark law," said the judge's ruling.

Google has previously won two federal cases on similar grounds against car insurance company Geico and computer repairer Rescue.com, which is appealing against the verdict.

“We are gratified that our client will get its day in court, and that Google will finally face a jury for its trafficking in other companies’ intellectual property," said David Rammelt of Kelley Drye, the law firm which is representing ABWF. "The case also carries implications for other global companies who resent Google's profiting off the sale of their brand names and trademarks."

Copyright © 2007, OUT-LAW.com

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

Top 5 reasons to deploy VMware with Tegile

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.
Getting started with customer-focused identity management
Learn why identity is a fundamental requirement to digital growth, and how without it there is no way to identify and engage customers in a meaningful way.
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?
Storage capacity and performance optimization at Mizuno USA
Mizuno USA turn to Tegile storage technology to solve both their SAN and backup issues.
Protecting against web application threats using SSL
SSL encryption can protect server‐to‐server communications, client devices, cloud resources, and other endpoints in order to help prevent the risk of data loss and losing customer trust.