RESCUECOM Lawsuit Against Google on CNET

RESCUECOM Copyright Lawsuit Against Google on CNETNews.com

By Elinor Mills
Staff Writer, CNET News.com
Published-September 29, 2006:


Judge sides with Google in dispute over keywords

A federal court on Thursday dismissed a lawsuit against Google over its practice of allowing companies to buy search-related ads that are displayed when people type in the name of a competitor.

In early 2005, computer repair company Rescuecom sued Google in U.S. District Court for the Northern District of New York, alleging that Google was violating trademark by selling ads to Rescuecom's competitors that show up next to search results when someone types in "Rescuecom."

Rescuecom argued that Google was violating trademark by attempting to "free-ride" on the goodwill associated with Rescuecom's name, preventing Internet searchers from reaching Rescuecom's Web site, altering the search results and using the trademark internally. The court rejected those arguments, saying the facts do not establish trademark use as a matter of law.

"We welcome Chief Judge Mordue's decision to dismiss the case, which again confirms our long-held belief that our trademark policy is lawful," said Michael Kwun, Google senior litigation counsel.

Rescuecom may appeal the ruling, said David Milman, founder and chief executive of the company. "A dangerous precedent has been set that allows a behemoth to pit smaller competitors against one another, while it rakes in the additional revenue," he said. "The immense power enjoyed by Google will be compounded by this ugly tactic as advertisers clamor to reach critical online audiences. Rescuecom will not be the last company hurt by this scheme."

The case "could be a watershed" in that it finds that selling keyword advertising is not a trademark use in commerce, said Eric Goldman, who teaches Internet and intellectual property law at Santa Clara University School of Law. "It's the first ruling expressly saying that search engines aren't liable for selling keyword advertising," he wrote in his blog.

Google hasn't been so lucky in French courts ruling on this matter. Google lost a trademark lawsuit filed by designer Louis Vuitton in June, and a similar lawsuit last year filed by Le Meridien Hotels and Resorts.

Similar lawsuits have been filed against Google by the parent company of Check 'n Go and American Blind and Wallpaper Factory. Google settled a similar case a year ago brought by auto insurance provider Geico.

Google Reviews

curtis hickey
curtis hickey
in the last week
GOD BLESS ROY for spending time on working on a old computer that needed to be cleaned up and update
...GOD BLESS ROY for spending time on working on a old computer that needed to be cleaned up and updated so that it work correctly again. I highly recommend him and rescuecom to others. less
Nicole Coleman
Nicole Coleman
in the last week
Anthony was very helpful and easy to talk to. Worth the price.
...Anthony was very helpful and easy to talk to. Worth the price. less
Christeena Winter
Christeena Winter
in the last week
I have been satisfied with my experience with your company. Technicians have been friendly and help
...I have been satisfied with my experience with your company. Technicians have been friendly and helpful with my problems. I feel my computer has been protected. less
Frank Ramirez
Frank Ramirez
a week ago
I would like to thank my computer tech Anthony for addressing and fixing my issue. As he troublesh
...I would like to thank my computer tech Anthony for addressing and fixing my issue. As he troubleshooted and resolved my computer issue he was friendly and knowledgeable which in this day and age is comforting. having rescuecom is having peace of mind and for that I am thankful for the service. less
View all Google reviews

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