Court Rules Certain Keywords Potential Trademark Violations – MarketingVOX
- Wednesday, 08 April 2009 08:26
- Last Updated on Wednesday, 08 April 2009 08:26
Well, this is scary. The Second Circuit Court of Appeals has ruled against Google in a lawsuit (Rescuecom Corp. v. Google Inc.
). The summary of the suit is that if a user searches for a trademarked word (or phrase) then results imply sponsorship:
According to Rescuecom’s allegations, when a Google user launches a search for the term ‘Rescuecom’ because the searcher wishes to purchase Rescuecom’s services, links to websites of its competitors will appear on the searcher’s screen in a manner likely to cause the searcher to believe mistakenly that a competitor’s advertisement (and website link) is sponsored by, endorsed by, approved by, or affiliated with Rescuecom.
also is linking
to more lawsuits that are on the same topic over at SearchEngineLand
This is what happens when courts, judges, and lawyers who are out of touch with reality decide cases that involve technology that they have never seen or used or understand. This is patently absurd and the courts need to move into the current century.