Google Gets an Adwords Win
October 24, 2011
We’ve seen yet another win for Google in the courts. MediaPost saw it too and posted the article, “Google wins Key Ruling in AdWords Lawsuit.”
Not one, but three plaintiffs–all marketers–wanted Google to eradicate its practice of allowing trademarks to link to search ads. If you haven’t experienced this, sometimes when you search for a particular company its rival appears in the results.
According to the article, U.S. Magistrate Charles Everingham in the Eastern District of Texas had the following to say in regards to whether the plantiffs’ allegations were capable of class wide resolution:
Even if the court were to conclude that Google’s policy results in initial interest confusion with regard to, for example, FPX’s or Rodney Hamilton’s trademark, that does not necessarily mean that Google’s policy results in initial interest confusion with regard to the other putative class members’ trademarks,” Everingham wrote.
Even though the class-action lawsuit cannot continue the three individual companies could potentially go forward with the cases to protect their companies. We don’t really think it’s worth trying when you take a look at their history with these cases. The records from 2004 onward go to show Google on top in every major lawsuit contesting the policy.
Our view is that control of “words” is a very big deal. Right now, a company may “own” a brand. But Google controls the “word”.
Megan Feil, October 24, 2011
Sponsored by Pandia.com
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