A Texas software company Firepond filed a class action lawsuit over Google’s unfair AdWords service.
AdWords allows companies to pay for certain keywords to trigger their own adverts, which are displayed alongside in Google’s search engine results.
Firepond claim that search giant Google encourages companies to trespass one another’s trademark.
Firepond also alleges that Google’s sale of its brand name to its competitors is a trademark violation because people searching for “Firepond” end up clicking on the sponsored links of other companies.
The suit point out that Google confused Internet users and diverting a percentage of such users from [Firepond] and enjoying and benefiting from all the goodwill and ‘buyer’s momentum’ associated with” its trademark.
According to Internet law experts this is for the first time any plaintiff is seeking class action status against Google’s trade mark infringement.
Along with Google, Firepond has sued its online video subsidiary YouTube, AOL, MySpace, Turner Broadcasting and Interactive Corporation because these companies use Google’s search engine and AdWords system on their own sites.
Firepond filed the class action suit on behalf of itself and, potentially, other aggrieved AdWords advertisers in the state of Texas. Experts believe that if the lawsuit could able to move forward, then a flood of similar plaintiffs could join the suit, and make it a potentially costly battle for the search engine giant.
Source: The Register
Filed under Class Action, Consumer, Cyber Crime, General Law | Tags: Claim, Firepond, Google, Google confused Internet users, Google's trade mark infringement, plaintiff, sued, trademark violation, unfair AdWords service | 1 Comment