Close
  • Latest News
  • Artificial Intelligence
  • Big Data and Analytics
  • Cloud
  • Networking
  • Cybersecurity
  • Applications
  • IT Management
  • Storage
  • Sponsored
  • Mobile
  • 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
Logo
Logo
  • Latest News
  • Artificial Intelligence
  • Big Data and Analytics
  • Cloud
  • Networking
  • Cybersecurity
  • Applications
  • IT Management
  • Storage
  • Sponsored
  • Mobile
  • Small Business
  • Development
  • Database
  • Servers
  • Android
  • Apple
  • Innovation
  • Blogs
  • PC Hardware
  • Reviews
  • Search Engines
  • Virtualization
More
    Home Database
    • Database
    • IT Management
    • Networking

    Is Google Web Search at Risk?

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

      In its legal battle with Google Inc., American Blind and Wallpaper Factory Inc. is challenging much more than the search engines keyword-based advertising practices. The home decorating retailer also is questioning Googles cherished search algorithms and Web index.

      American Blinds lead attorney, in a recent interview with eWEEK.com, made it clear that the scope of the trademark infringement lawsuit filed last week against Google and the search engines partners doesnt end with the sponsored listings for which advertisers bid on keywords. The retailer also is accusing Google of infringing on its trademarks by returning non-sponsored Web search listings from competitors when certain terms are queried, said David Rammelt of Kelley Drye & Warren LLP, in Chicago.

      “Our concerns are not just limited to the paid, sponsored links,” Rammelt said. “We are seeing competitors listed when our trademarks are being typed verbatim.”

      Rammelt said that American Blind plans to examine Googles algorithms and search technology when the case moves into a discovery phase to fully investigate the extent of infringement. American Blind is seeking damages as well as a temporary and permanent injunction to bar Google from listing its competitors for keywords that match or are similar to its trademarks.

      The lawsuit, filed in the U.S. District Court for the Southern District of New York, does not distinguish between the various types of search listings on Googles site or on the sites of the five other defendants named in the suit. Those defendants, which use Googles listings, are America Online Inc., AOL subsidiaries Netscape Communications Corp. and CompuServe Interactive Services Inc., Ask Jeeves Inc. and EarthLink Inc.

      Googles main search listings come from its index of 3 billion Web pages and are ranked by its proprietary algorithms. Google also runs keyword-based paid search through its AdWords program. Those listings appear before or alongside the Web search results on its site and those of its partners.

      Google officials declined to comment on the allegations in the lawsuit and have said that the company is reviewing the lawsuit and awaiting a decision in its own preemptive filing. In December, Google asked the U.S. District Court for the Northern Division of California for a ruling affirming the legality of its trademark policy for keyword-based advertising; American Blind has asked the court to dismiss that case.

      Google, according to court filings, has accommodated American Blind on terms that exactly match its trademarks, including “American Blind & Wallpaper Factory,” “American Blind Factory” and “DecorateToday.” But Google, in letters to American Blind, has insisted that descriptive terms do not violate American Blinds trademarks when entered in a search query. American Blind begs to differ, saying that the returning of any listings from competitors when descriptive terms such as “American Blind” or “American Blinds” are queried is misleading and undercuts its business.

      Next Page: Search engine experts point to editorial judgment by Google.

      Experts Point to Editorial


      Judgment”>

      According to search engine experts, American Blind will find it more difficult to prove infringement by Google in its regular search listings. Those listings are, in a sense, based on Googles editorial judgment embodied in its algorithms and technology, something one might argue is covered by First Amendment protections, said Danny Sullivan, editor of search industry site SearchEngineWatch.com.

      “I dont think a search engine has ever been targeted for unpaid results like this,” Sullivan said. “If American Blind doesnt like what is appeared in Googles editorial columns, then Google might have to right to say, Too bad.”

      Also, American Blinds sites do appear in Googles general Web search results when its trademarked terms and descriptive terms are entered and are listed near the top, Sullivan pointed out.

      Google has faced lawsuits before that challenge its rankings of Web sites and has prevailed. Internet advertising company Search King Inc., of Oklahoma City, sued Google in 2002 after sites in its ad network were penalized by Google for the way they linked to one another. Search King wanted its previous ranking restored but lost the case.

      When it comes to search advertising, though, the American Blind lawsuit could have more far-reaching impacts. It serves as a test case in deciphering the limits of when and where descriptive terms can be used in keyword-based search ads, said John C. Baum, a partner at law firm Townsend and Townsend and Crew LLP, in San Francisco.

      “This is defining one of the edges,” Baum said. “Google and American Blind are going to help us to define for the Internet context what is a fair use of a descriptive term as an information finding device. It affects a large part of a very successful portion of the Internet business world.”

      Google has faced a series of trademark infringement lawsuits in France, most notably one filed in August by Louis Vuitton SA. These lawsuits have focused more on the use of specific trademarks in keyword advertising rather than descriptive terms.

      /zimages/3/28571.gifIn a seperate case, Playboy and Netscape settled a dispute regarding keyword-triggered ads. Click here to read more about that case.

      Google has tried to avoid conflict with trademark holders, often barring competitors from bidding on keywords that match unique trademarks, as it has done for companies such as eBay Inc. and Dell Inc., Sullivan said. But conflict has become almost inevitable with descriptive terms, especially as search companies such as Google earn growing profits from search-based advertising.

      The online search industry is growing at an annual rate of about 35 percent and is projected to reach $7 billion in revenues by 2007, according to a report by Piper Jaffray & Co. Paid listings account for a significant part of that growth.

      Meanwhile, as the courts continue to work out the trademark boundaries, search advertisers also need to consider their liability and ensure that they are not infringing on a trademark.

      “Anytime you bid on a word and understand that its a trademark…you better feel confident that if you go to court you can defend the reasons for doing that,” Sullivan said.

      /zimages/3/28571.gif

      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.
      Get the Free Newsletter!
      Subscribe to Daily Tech Insider for top news, trends & analysis
      This email address is invalid.
      Get the Free Newsletter!
      Subscribe to Daily Tech Insider for top news, trends & analysis
      This email address is invalid.

      MOST POPULAR ARTICLES

      Latest News

      Zeus Kerravala on Networking: Multicloud, 5G, and...

      James Maguire - December 16, 2022 0
      I spoke with Zeus Kerravala, industry analyst at ZK Research, about the rapid changes in enterprise networking, as tech advances and digital transformation prompt...
      Read more
      Applications

      Datadog President Amit Agarwal on Trends in...

      James Maguire - November 11, 2022 0
      I spoke with Amit Agarwal, President of Datadog, about infrastructure observability, from current trends to key challenges to the future of this rapidly growing...
      Read more
      IT Management

      Intuit’s Nhung Ho on AI for the...

      James Maguire - May 13, 2022 0
      I spoke with Nhung Ho, Vice President of AI at Intuit, about adoption of AI in the small and medium-sized business market, and how...
      Read more
      Applications

      Kyndryl’s Nicolas Sekkaki on Handling AI and...

      James Maguire - November 9, 2022 0
      I spoke with Nicolas Sekkaki, Group Practice Leader for Applications, Data and AI at Kyndryl, about how companies can boost both their AI and...
      Read more
      Cloud

      IGEL CEO Jed Ayres on Edge and...

      James Maguire - June 14, 2022 0
      I spoke with Jed Ayres, CEO of IGEL, about the endpoint sector, and an open source OS for the cloud; we also spoke about...
      Read more
      Logo

      eWeek has the latest technology news and analysis, buying guides, and product reviews for IT professionals and technology buyers. The site’s focus is on innovative solutions and covering in-depth technical content. eWeek stays on the cutting edge of technology news and IT trends through interviews and expert analysis. Gain insight from top innovators and thought leaders in the fields of IT, business, enterprise software, startups, and more.

      Facebook
      Linkedin
      RSS
      Twitter
      Youtube

      Advertisers

      Advertise with TechnologyAdvice on eWeek and our other IT-focused platforms.

      Advertise with Us

      Menu

      • About eWeek
      • Subscribe to our Newsletter
      • Latest News

      Our Brands

      • Privacy Policy
      • Terms
      • About
      • Contact
      • Advertise
      • Sitemap
      • California – Do Not Sell My Information

      Property of TechnologyAdvice.
      © 2022 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.

      ×