We haven’t discussed Google AdWord trademark cases much here lately.  For the most part, the courts had determined that using a trademark term to trigger an ad was a use in commerce.  Google has generally prevailed, however, because the trademark owners have had trouble proving consumer confusion.
The Fourth Circuit Court of Appeals may have provided trademark … Continue Reading

Bloomberg News is reporting that ShopCity.com has filed an antitrust complaint against Google claiming Google favors its own sites over those of ShopCity in the search engine’s results.  Google is already the subject of antitrust inquiries in the U.S. and in Europe for related behavior. 
ShopCity is a website that helps local businesses sell products that owns thousands … Continue Reading

Suing Google for allowing your competitors to bid on your trademarked terms is so 2010. 
Although most courts have held that using a trademarked term to trigger an paid search advertisement is a “use in commerce” – the first step to a trademark infringement claim – Google still seems to be prevailing at the courthouse.
The most recent win … Continue Reading

I have written numerous posts about the legalities of bidding on a competitor’s trademarked term to trigger a pay-per-click advertisement.  Today, we discuss the remedies you may be able to obtain if you are successful.  
After all, why spend a lot of money filing suit if you are going to lose a lot of money doing it?  Professor Goldman of the Technology and … Continue Reading

If Google Instant or Google Suggest adds “is a scam” to the search inquiry for you or your company, can you sue?  This is something I had not thought about until I sat in an SMX West presentation by Avi Wolensky of Promediacorp.  He told the story of a neighborhood retailer who had good SEO and organic … Continue Reading