Close
  • Latest News
  • Artificial Intelligence
  • Video
  • 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
  • Video
  • 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 Latest News

      Google Trademark Suit Could Go to Trial

      Written by

      Michael Myser
      Published April 1, 2005
      Share
      Facebook
      Twitter
      Linkedin

        eWEEK content and product recommendations are editorially independent. We may make money when you click on links to our partners. Learn More.

        In the ongoing trademark-infringement battle between a home-decorating retailer and Google, a U.S. District Court this week ruled that the case could proceed, possibly to trial.

        Google Inc. had sought a dismissal of the lawsuit, originally brought by Plymouth, Mich.-based American Blind and Wallpaper Factory Inc. in January 2004, which alleged that Googles AdWords program violates trademarks by allowing competitors to purchase keywords similar to its name.

        In his 22-page ruling Wednesday, Judge Jeremy Fogel of the U.S. District Court for the Northern District of California denied Googles motion to dismiss.

        “American Blinds claims [can] proceed beyond the motion-to-dismiss stage, which will enable the Court to consider both the relevant facts and the applicable law in the context of a fuller record,” Fogel wrote in his ruling.

        Trademark infringement, false representation, dilution and injury to business reputation, and unfair competition were among the claims against the Mountain View, Calif. search giant that were allowed to proceed.

        According to Jocelyn Brittin, a partner at the law firm Holland & Knight LLP in McLean, Va., that first means the case will go through a discovery phase, in which both parties gather and submit evidence and possibly depositions around the suit. If there are then enough facts to support the case, it could go to trial.

        /zimages/2/28571.gifRead more here about American Blind and Wallpaper Factorys lawsuit against Google.

        Danny Sullivan, editor of SearchEngineWatch.com, wasnt particularly surprised by the ruling.

        “It never appeared that the courts were going to stop this from going to trial,” said Sullivan. “It isnt a big setback for Google; it doesnt suddenly change how things are already operating.”

        Brittin, who has followed the case but is not involved in it, wasnt surprised either. “Its a very preliminary ruling and it would have shocked me if the judge [had] ruled any other way,” she said. “Normally, the only cases that get dismissed are those that dont have a prayer.”

        In fact, a U.S. District Court in Virginia late last year ruled that a similar suit brought against Google by Geico (the Government Employees Insurance Company) would also be allowed to proceed. In both cases, the courts were quick to point out that their respective rulings did not express an opinion as to whether Google would ultimately be liable, only that there was enough case law to support the suits claims. Google ultimately won out in the Geico case.

        /zimages/2/28571.gifClick here to read more about the Google-Geico lawsuit.

        The American Blind argument, which actually began in 2002, is clearly a long way from closure. Though Google agreed to quit selling advertising for trademarks American Blind has registered, and the suit may go to trial as early as July, years of appeals could still be in store.

        “Its going to continue to work its way up the line,” said Sullivan. “Its going to be messy until the area matures and we find out whats legally allowed. We need the trials to do that.”

        Its also possible the case would never reach the trial phase, as Google could settle with American Blind out of court. But on the heels of its victory in the Geico case, its not clear whether Google would be willing settle and open itself up to a raft of new lawsuits based on similar claims. The company may wish to have a court ruling to decide the fate of its advertising practices instead.

        eWEEK.com was unable to reach Google or American Blind for comment on the ruling.

        The case is still in its early stages, but the final decision, whenever it comes, could change the face of online advertising, and especially for Google.

        “Anyone selling paid listings will be impacted,” said Sullvan.

        “Googles whole business is built on this, so its life and death for them,” said Brittin. “But I think its too early to read too much into this [ruling].”

        /zimages/2/28571.gifCheck out eWEEK.coms for the latest news, views and analysis on enterprise search technology.

        Michael Myser
        Michael Myser

        Get the Free Newsletter!

        Subscribe to Daily Tech Insider for top news, trends & analysis

        Get the Free Newsletter!

        Subscribe to Daily Tech Insider for top news, trends & analysis

        MOST POPULAR ARTICLES

        Artificial Intelligence

        9 Best AI 3D Generators You Need...

        Sam Rinko - June 25, 2024 0
        AI 3D Generators are powerful tools for many different industries. Discover the best AI 3D Generators, and learn which is best for your specific use case.
        Read more
        Cloud

        RingCentral Expands Its Collaboration Platform

        Zeus Kerravala - November 22, 2023 0
        RingCentral adds AI-enabled contact center and hybrid event products to its suite of collaboration services.
        Read more
        Artificial Intelligence

        8 Best AI Data Analytics Software &...

        Aminu Abdullahi - January 18, 2024 0
        Learn the top AI data analytics software to use. Compare AI data analytics solutions & features to make the best choice for your business.
        Read more
        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
        Video

        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
        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.
        © 2024 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.

        ×