Google Infringes on RESCUECOM Trademarks
Sues Google Over Trademark Infringement
Syracuse-based company questions use of its name in advertising sales
September 10, 2004:
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RESCUECOM, a Syracuse-based franchised computer services firm, has filed suit against the Internet search engine Google for allowing and advising computer service companies to use the word "RESCUECOM" in the list of terms used to generate their advertisements. In its lawsuit, RESCUECOM argues that such a practice is in violation of trademark law, and as a result leads to Google users contacting and utilizing rival companies who they think are associated with RESCUECOM.
"It's a shame that Google has to exploit an explicitly trademarked name all for the sake of a few cents per click," said David A. Milman, CEO. "In this way, those companies willing to pay for the most advertising search words can conceivably trample upon and utilize competitors for their own gain - it's blatant trademark infringement."
Until recently, RESCUECOM has gone straight to its competitors, sending "cease and desist" documentation threatening legal action if the usage of RESCUECOM's name was not discontinued. When one these companies wrote back saying that they did not choose their keywords and that Google provided them, RESCUECOM made the decision to sue Google over trademark infringement.
In April of 2004, Google created a new policy stating that it would no longer disable advertisements which use trademarks without permission as "keyword triggers." Up until that point, Google willingly took down advertising links that misused trademarked names or phrases.
"Google's change in policy has forced us to take legal action against it to protect our trademark," said Edmund Gegan, franchise legal counsel. "By hijacking our name for use in advertising search terms, Google is diluting the value of RESCUECOM for its own profit and for the benefit of our competitors."
Headquartered in Syracuse, New York, RESCUECOM® is the premiere franchiser in the computer services industry that delivers business and sales resources from the industry's "best of the best" computer technicians and consultants. RESCUECOM's main product, One-Hour On-site Response, delivers a certified technician to the customer within one hour of request and is available nationwide. For more information on either the business or franchising opportunities, visit RESCUECOM's website at www.rescuecom.com.
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