Sixth Lawsuit Filed Over Google AdWords, Plus an Assault on Google’s Organic Search Results–Ascentive v. Google

29 06 2009

By Eric Goldman

Ascentive, LLC v. Google, Inc., 2:09-cv-02871-JS (E.D. Pa. complaint filed June 25, 2009)

Guess who got sued again? Google now has 6 pending lawsuits challenging its AdWords service. The previous five are:

* Rescuecom v. Google
* FPX v. Google
* John Beck Amazing Profits v. Google
* Stratton Faxon v. Google (this wasn’t a trademark case last I checked)
* Soaring Helmet v. Bill Me

more

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“Extreme Borrowing in the Blogosphere”

9 04 2009

Kottke.org: “Extreme Borrowing in the Blogosphere” (discussing linking/excerpting/attribution issues).

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Westchester attorney suggests bloggers do some thinking before linking.

6 04 2009

A recent “David and Goliath” type case out of Illinois has brought to light, yet again,
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Google loses on appeal, will face AdWords trademark suit

6 04 2009

Google’s ability to continue to use other companies’ trademarked names in selling and placing advertising will be decided at trial. That’s the message sent last Friday by the US Court of Appeals for the Second Circuit, which vacated an earlier ruling in Google’s favor. The search giant may still prevail at trial, but the Electronic Frontier Foundation is already voicing concerns about the possibility that the case could have far reaching consequences for company critics.

We’ve laid out the basics of the case, Rescuecom v. Google, in our past coverage.Click here to read the rest of this article


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Bad Results for Google in Recent 2nd Circuit Ruling Over Keywords

6 04 2009

Anyone with more than a passing interest in trademark law or the internal workings of Google (we’d imagine the latter might outnumber the former) will likely be interested in a Second Circuit ruling that came down on Friday.

In an opinion penned by Judge Pierre Leval, a three-judge panel ruled that Google must face a trademark infringement lawsuit for selling keywords that trigger ads. Click here for the Recorder story.

The panel reversed a lower court’s dismissal of a case brought by a computer-repair company called Rescuecom. Google had recommended that a Rescuecom competitor use Rescuecom’s trademark as a keyword that would bring a link to the competitor’s Web site. Rescuecom objected to Google’s use of the Rescuecom trademark for these purposes and sued, alleging trademark violation.


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IPKAT on European Keyword Cases

18 03 2009

IPKat on European keyword cases.

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Round-Up of Reaction to Jones Day/Blockshopper Settlement

25 02 2009

Citizen Media Law Project: Thoughts on the Jones Day-Block Shopper Settlement

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BlockShopper bullied into settling over Web links

20 02 2009

A tiny startup that was threatened by a massive law firm over nothing more than a humble hyperlink has been forced to settle and change its linking policies, handing Goliath the win in this gratuitous trademark case. Under the agreement, real estate startup BlockShopper can no longer include hyperlinks anywhere on its website to Jones Day, a massive Chicago law firm, except explicitly on URL text. Essentially, jonesday.com is okay, but not blah blah blah.

Click here to read the rest of this article


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New York Times sued over Boston.com’s linking practice

12 01 2009

A publisher of mostly small, local newspapers has sued the New York Times Co. over its aggregation of news headlines on Boston.com, challenging the practice many sites use of linking to other sources.

In its lawsuit filed in U.S. District Court in Massachusetts on Monday, Fairport, N.Y.-based GateHouse Media, which publishes more than 100 papers in Massachusetts, accuses the Times of violating copyright by allowing its Boston Globe online unit to copy verbatim the headlines and first sentences from articles published on sites owned by GateHouse, including the Newton Tab.

The links, as seen on Boston.com’s Newton site for instance, lead to the original articles on the GateHouse-owned sites, which display advertising. However the lawsuit claims GateHouse is losing advertising revenue as a result of the linking because readers don’t see the ads on the GateHouse site’s home page.

Read More…

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