
More lawsuits are coming in over Google’s AdWords controversial advertising program which allows third parties to buy trademark keywords owned by lawsuit owners, and having these keywords appearing on the popular search engine, using their branding without their consent.
One such case is Rosetta Stone which is a language education products company. They have filed a 37-page complaint filed in federal district court in Virginia, citing third parties are getting “Free Ride on Rosetta Stone’s Brand.” Rosetta Stone wants the court to stop Google selling their name to competitors and profiting from it. Rosetta claims that they were forced to spend “millions of dollars” to purchase the AdWords rights to their keyword, so as to preclude competitors from doing so.
Another case is by a software company Ascentive. Not only they’re filing lawsuit of breach of trademark law but also a lawsuit against Google for excluding their website on the search engine, making their site “invisible”. Ascentive claims Google de-indexed their website off their search engine after Stopbadware.org reviewed their earlier version of the software as potential to harm computers, thus triggering Google to suspend Ascentive’s advertising account and Internet presence.
Google insist and defended their policy, stating, “Just as it’s reasonable to expect a range of brands on any shelf in a grocery store, providing users on Google with more than one option when they search for a brand name or other trademark helps them to find the best product at the lowest price.”
Google recently made changes to their policy in the US only, where advertisers could use someone else’s trade mark in their ad campaign without that company’s permission if it sold the goods referred to.
In other Google lawsuit cases of recent times, New York court threw out a case arguing that the use of a trade mark as a trigger was trade mark infringement in 2006, while another case was settled out of court.
Post from: Sha Money Maker
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