Close
  • Latest News
  • Cybersecurity
  • Big Data and Analytics
  • Cloud
  • Mobile
  • Networking
  • Storage
  • Applications
  • IT Management
  • Small Business
  • Development
  • Database
  • Servers
  • Android
  • Apple
  • Innovation
  • Blogs
  • PC Hardware
  • Reviews
  • Search Engines
  • Virtualization
Read Down
Sign in
Close
Welcome!Log into your account
Forgot your password?
Read Down
Password recovery
Recover your password
Close
Search
Menu
Search
  • Latest News
  • Cybersecurity
  • Big Data and Analytics
  • Cloud
  • Mobile
  • Networking
  • Storage
  • Applications
  • IT Management
  • Small Business
  • Development
  • Database
  • Servers
  • Android
  • Apple
  • Innovation
  • Blogs
  • PC Hardware
  • Reviews
  • Search Engines
  • Virtualization
More
    Home Applications
    • Applications

    Google, Overture Trademark Case Moves Forward

    By
    Matthew Hicks
    -
    September 3, 2004
    Share
    Facebook
    Twitter
    Linkedin

      A federal judge has let insurer GEICOs lawsuit against the two biggest providers of search-based advertising move forward, setting the stage for closer examination of whether the burgeoning form of online ads breaks trademark laws.

      U.S. District Judge Leonie Brinkema last week rejected motions from Google Inc. and Yahoo Inc.s Overture Services Inc. to dismiss the cases trademark infringement claims, according to a court filing made public this week.

      The Government Employees Insurance Co. sued Google and Overture in May in the U.S. District Court for the Eastern District of Virginia, alleging that they are infringing on its trademarked name by allowing advertisers and competitors to bid on “GEICO” as a keyword for triggering sponsored search listings.

      In an Aug. 25 ruling, Brinkema allowed six claims to proceed in the case, five of which deal largely with trademark issues. But the judge dismissed two other claims dealing with tortious interference and business conspiracy.

      The court decision is significant because it essentially states that GEICOs facts, when accepted as true, could prove trademark infringement. But the case is far from resolved, legal experts say.

      Search-based ad programs, where advertisers bid for placement and pay based on the number of clicks, account for a significant portion of revenues for Google and Yahoo. GEICOs lawsuit is one of many challenging the use of trademarks as keyword triggers for paid search results. In the United States, Google also is battling a trademark-infringement lawsuit from American Blind and Wallpaper Factory Inc.

      /zimages/5/28571.gifClick here to read more about Googles recent changes to its trademark policy.

      Robert Gerstein, a partner at law firm Marshall, Gerstein & Borun LLP in Chicago, said “the case is a close one.” He said he doubts that GEICO will be able to prove that Google and Overture are confusing consumers by letting the trademarked term trigger other companies search ads.

      Consumer confusion is one test of trademark infringement, but on other tests Google and Overture appear to be in a tough spot, he said.

      “Unfortunately for Google [and Overture], you are not usually permitted to use someone elses trademark for your financial gain, even where there is no confusion of consumers,” Gerstein said. “That argument probably helped GEICO win this first round and looks likely that it will be the winner in the end.”

      GEICO, of Chevy Chase, Md., issued a statement this week praising the courts ruling.

      “The judge rejected the argument advanced by Google and Overture that they should not be subject to liability for allowing their advertisers to bid on the GEICO marks and, in the words of the judge, pay defendants to be linked to the trademarks,” the company said. “We look forward to the opportunity to prove at trial that this unauthorized use of GEICOs well-known trademarks is unlawful and should be stopped.”

      Meanwhile a Google spokesman vowed that the search company would continue to fight the lawsuit. An Overture spokeswoman declined to comment on pending litigation.

      “We believe the suit is without merit and will continue to defend against it vigorously,” Google spokesman Steve Langdon said.

      /zimages/5/28571.gifClick here to read more about the impact of keyword-based advertising on the resurgence of search.

      Trademark-infringement lawsuits are often decided in preliminary motions rather than in trial, Gerstein and other attorneys said. The motions to dismiss were just the beginning. The next major decision likely will come from any of the parties filing a motion for summary judgment, which seeks a decision without a trial, or from GEICO seeking a preliminary injunction.

      “Its just in its infancy,” Rob Andris, a partner at law firm Ropers, Majeski, Kohn & Bentley LLP, said about the GEICO case.

      Still, the recent ruling is more of a boon for GEICO, because it could open Google and Overture to further legal challenges and because it challenges the way they run their key ad programs, Andris said. The next phase is the case is discovery, a costly and time-consuming process.

      “A ruling such as this puts wind in the sails of other people hanging out there whose trademarks are being used to file a similar lawsuit,” said Andris, in Mountain View, Calif. “Google understands that it becomes more exposed to those lawsuits with this type of ruling.”

      /zimages/5/28571.gifCheck out eWEEK.coms Enterprise Applications Center at http://enterpriseapps.eweek.com for the latest news, reviews and analysis about productivity and business solutions.

      /zimages/5/77042.gif

      Be sure to add our eWEEK.com enterprise applications news feed to your RSS newsreader or My Yahoo page

      Avatar
      Matthew Hicks
      As an online reporter for eWEEK.com, Matt Hicks covers the fast-changing developments in Internet technologies. His coverage includes the growing field of Web conferencing software and services. With eight years as a business and technology journalist, Matt has gained insight into the market strategies of IT vendors as well as the needs of enterprise IT managers. He joined Ziff Davis in 1999 as a staff writer for the former Strategies section of eWEEK, where he wrote in-depth features about corporate strategies for e-business and enterprise software. In 2002, he moved to the News department at the magazine as a senior writer specializing in coverage of database software and enterprise networking. Later that year Matt started a yearlong fellowship in Washington, DC, after being awarded an American Political Science Association Congressional Fellowship for Journalist. As a fellow, he spent nine months working on policy issues, including technology policy, in for a Member of the U.S. House of Representatives. He rejoined Ziff Davis in August 2003 as a reporter dedicated to online coverage for eWEEK.com. Along with Web conferencing, he follows search engines, Web browsers, speech technology and the Internet domain-naming system.

      MOST POPULAR ARTICLES

      Android

      Samsung Galaxy XCover Pro: Durability for Tough...

      Chris Preimesberger - December 5, 2020 0
      Have you ever dropped your phone, winced and felt the pain as it hit the sidewalk? Either the screen splintered like a windshield being...
      Read more
      Cloud

      Why Data Security Will Face Even Harsher...

      Chris Preimesberger - December 1, 2020 0
      Who would know more about details of the hacking process than an actual former career hacker? And who wants to understand all they can...
      Read more
      Cybersecurity

      How Veritas Is Shining a Light Into...

      eWEEK EDITORS - September 25, 2020 0
      Protecting data has always been one of the most important tasks in all of IT, yet as more companies become data companies at the...
      Read more
      Big Data and Analytics

      How NVIDIA A100 Station Brings Data Center...

      Zeus Kerravala - November 18, 2020 0
      There’s little debate that graphics processor unit manufacturer NVIDIA is the de facto standard when it comes to providing silicon to power machine learning...
      Read more
      Apple

      Why iPhone 12 Pro Makes Sense for...

      Wayne Rash - November 26, 2020 0
      If you’ve been watching the Apple commercials for the past three weeks, you already know what the company thinks will happen if you buy...
      Read more
      eWeek


      Contact Us | About | Sitemap

      Facebook
      Linkedin
      RSS
      Twitter
      Youtube

      Property of TechnologyAdvice.
      Terms of Service | Privacy Notice | Advertise | California - Do Not Sell My Information

      © 2021 TechnologyAdvice. All Rights Reserved

      Advertiser Disclosure: Some of the products that appear on this site are from companies from which TechnologyAdvice receives compensation. This compensation may impact how and where products appear on this site including, for example, the order in which they appear. TechnologyAdvice does not include all companies or all types of products available in the marketplace.

      ×