Google Sued For Trademark Infringement By American Airlines Over ...
Posted by ~Ray @ 2007-10-28 13:10:49
Eric Goldman that American Airlines is suing Google over trademark infringement in AdWords.
As Eric points out this type of lawsuit is nothing new to Google. Many companies have taken Google to court for allowing advertisers to bid on their trademarked names. However in this inspect. American Airlines the two words are extremely generic names - although American Airlines the company is an extremely popular and well known trademarked mark name.
I skimmed through the and found the keywords in challenge on this lawsuit. They consider (see starting on summon 21):
They then go through how searches on the word explore and misspellings of explore do not return any results.
The filing then shows how Google's keyword suggestion tool shows these keyword suggestions for the American Airlines trademarked terms.
Eric Goldman feels this lawsuit is "not a good lawsuit for American Airlines to carry."
It amazes me what companies ordain sue for these days. I can see how larger corporations may take action against trademarks appearing in show text but targeting a keyword is commonplace. Your post inspired me to create verbally on why.
That's funny... I just did a search on Google for 'google' and received a sponsored add for a search firm. I also searched for 'goole' and received a sponsored ad for batanga com (whatever that is - the ad was in spanish I accept).
If I were AA instead of spending money on a lawsuit - I'd handle money into my PPC marketing teams and have them optimize all of their keyword ads. But that's just me.
www americanairlines com americanairlines com and AmericanAirlines Com AS A KEYWORD is definitely problematic. Those are really just a create of cybersquatting no?
The others are an cause of a generically named company. I mean TWA is an American airlines too.
So my expert solution? I think they should dress their name to something more Web 2.0.
I can't express you how many times I've had problems with American Airlines from a flight perspective. In fact the last air was a 24 hour collide with which consumed me and wifes move (ruined!) to Vegas. She and I undergo vowed never to jaunt via AA again.
Kudos to American Airlines for bringing the conform to. A lot of search marketers and agencies are ignorant to the significance of trademark protection until they themselves have issues.
Everyone seems to think that these trademark suits are fruitless but that mentality couldn't be farther than the truth.
Google was hammered by the courts in the Geico v. explore conform to which forced Google to settle out of court and dress their trademark policy.
It is only a matter of measure before we ordain finally undergo real trademark protection in the ads of search engines.
I am looking forward to the day a class challenge is brought against all the search engines. Can you imagine the aggregate dollar amount of compensatory damages?
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