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Google gets sued

Unknown
edited February 2004 in Science & Tech
American Blind and Wallpaper Factory, based in Plymouth, Michigan, has filed a lawsuit against Google, saying the search engine's keyword-based advertising violates its trademarks.

[blockquote]American Blind is asking the New York court for an injunction requiring Google to stop keyword-based advertising on its trademarks. The retailer is also seeking damages that are yet to be determined, said David Rammelt, American Blind's lawyer.
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[link=http://www.pcworld.com/news/article/0,aid,114547,00.asp]The full story[/link]

Comments

  • EnverexEnverex Worcester, UK Icrontian
    edited February 2004
    Jesus, stupid people just have too much power nowerdays.
  • gtghmgtghm New
    edited February 2004
    They should win. Just because we have all this High Tech stuff shouldn't mean that its open season on the law.

    They Google is wrong and they know it. They even acknologe it for other comnpanies that they know could take them on in a law suit.

    Good going for American Blinds I hope they win.
  • primesuspectprimesuspect Beepin n' Boopin Detroit, MI Icrontian
    edited February 2004
    Hahahaha... look at the ad that is showing up in front of this thread: AmericanBlind -- and it goes to decoratetoday.com

    omg the irony! ;D
  • TheBaronTheBaron Austin, TX
    edited February 2004
    haha!
  • Geeky1Geeky1 University of the Pacific (Stockton, CA, USA)
    edited February 2004
    See attachment
  • EnverexEnverex Worcester, UK Icrontian
    edited February 2004
    gtghm wrote:
    They should win. Just because we have all this High Tech stuff shouldn't mean that its open season on the law.

    Who states that Google has to go where THEY want them to? They shouldn't have any right at all on where google points. Just because someone types in TWO KEY WORDS, yes thats right, it's a KEYWORD search, not a COMPANY NAME SEARCH, therefore I don't see how they have a leg to stand on. Does that mean I can sue them if I type in AtomNET and it doesn't go directly to my site? Or prime can type in Sarcnet and sue them if it doesn't go directly to his site? Don't be stupid. It's a keyword and page linking system, not a company directory.
  • croc_croc_ New
    edited February 2004
    I am assuming the AmericanBlind/Lawsuit ads are intentional. :P

    I agree 100% with Enverex. UNLESS Google is somehow weighting searches to certain sites over others. But I don't think that is the case.

    It sees blinds or blind in the search and you get the ads with blind(s) in it. How is that wrong? Their ad shows up, along with the others that contain blind(s). *shrug*
  • maxanonmaxanon Montreal
    edited February 2004
    Doesn't Google have their advertisers at the front of the list of sites? If you imagine that you're in a Mall and you're looking for the company American Blinds. You look at the Mall map and see the name. However, when you approach the store its another store that sells the same products. Most people would go in to look around. That store used the brand recognition of American Blinds to divert business.

    Because the web is a source of commerce (e-mall?) and google is one of the larger "maps", then google by misleading the customer to go to another site when the specific trade name was typed in could be construed as improper use of a trademark.

    Imagine if little ceasar paid google to have their site up front whenever pizza hut was typed in. Would you not consider that misleading, especially with all the money that pizza spent on building up its brand awareness?
  • Straight_ManStraight_Man Geeky, in my own way Naples, FL Icrontian
    edited February 2004
    prime wrote:
    Hahahaha... look at the ad that is showing up in front of this thread: AmericanBlind -- and it goes to decoratetoday.com

    omg the irony! ;D

    decoratetoday sells AmericanBlinds products. Asking them for a catalog and info gets you info from American Blinds. I take the point, but in this case there is channel that is supported by American Blinds.

    Now, if you see ads for glob2000, glob2000.com, Global Computer Supplies with an email address of gcsus@yahoo.com, tell google that the people running this business (stated as Globe 2000 Corp on what they mail) are under investigation by Microsoft and the BSA, please. Also seller glob2000 on pricegrabber is shipping XP Pros sold as full product and shipping sans COA, but with legit CDs. CD sans license is not authable. I myself am taking action to stop that one--stop it dead cold in water. For the transaction I am having to recover funds from, I will be talking to PayPal and Pricegrabber. The BSA and Microsoft are handling my piracy reports. They advertised full Microsoft XP Pro, shipped CDs only with a product key that is probably a duped or key-gened key. I spent an hour and a half on phone this morning so far.
  • croc_croc_ New
    edited February 2004
    maxanon wrote:
    Doesn't Google have their advertisers at the front of the list of sites? If you imagine that you're in a Mall and you're looking for the company American Blinds. You look at the Mall map and see the name. However, when you approach the store its another store that sells the same products. Most people would go in to look around. That store used the brand recognition of American Blinds to divert business.

    Because the web is a source of commerce (e-mall?) and google is one of the larger "maps", then google by misleading the customer to go to another site when the specific trade name was typed in could be construed as improper use of a trademark.

    Imagine if little ceasar paid google to have their site up front whenever pizza hut was typed in. Would you not consider that misleading, especially with all the money that pizza spent on building up its brand awareness?


    When I search American Blind or Blinds etc, The company AD for American Blind comes up, as does one or two others. You can still click on American Blind AD and goto their site. If google sells an AD service, I am sure it has some sort of disclaimer, telling how it runs its searches. You put in a word, it searches, if the company AD has the keyword, it displays it.

    So American Blind is mad because Google displays other companies AD's alongside theirs when the search for American Blind is put in? Wouldn't you think if someone put in American Blind, they would want the American Blind website, so who cares if there are other sites there also.
  • DexterDexter Vancouver, BC Canada
    edited February 2004
    My company uses Google's sponsored links. We have chosen to include the names of our competitors in the keywords.

    Google is not in the wrong here. These people might as well sue the Yellow Pages for having other competitors on the same page. If you do a Google, or any other search engine, of "American Blinds" you will see competitors listed in the actual search results. Google also offers a listing of sponsored links, which are CLEARLY LABELLED as being such. They do not take precedence or priority over the search results, they are off to the right hand side.

    Google is a service which offers people the ability to search on keywords, to find websites that match or are similar in nature to the keywords. Google does not guarantee anyone that the company name they type in will give them only one result. You will see competitors listed in search results. It then becomes the onus of the searcher to determine which result he or she wishes to view, be it a keyword result, or a sponsored ad based on that keyword.

    If this company is successful in this suit, then no one can use any trade marked work in their META tags either, or they will be next. That means Short Media cannot use words like "AMD, Intel" or "Windows" to get hits.

    I will bet anyone $5 that Google will win this. Besides me, the only people to make money on this will be the lawyers.

    Dexter...
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