The first one was slammed by a Texas software company Firepond just few days back over Google’s unfair AdWords service. Firepond claimed that search engine major Google encourages companies to trespass one another’s trademark.
This 2nd one was filed on Thrusday by Van Nuys, a Calif - based real estate investment guru John Beck, on behalf of his firm Van Nuysis.
This new one is having a much broader class than the first suit because Beck seeks to represent trademark owners nationwide. whereas the previous lawsuit which was filed on Monday by Firepond, is only on behalf of Texas trademark holders.
The suit alleges that Google infringes on Beck’s trademark by allowing rivals to use his name to trigger search ads, it really harms him by confusing Web users, diverting traffic that would otherwise go to his sites, and allowing rivals to benefit from his goodwill.
However, some lawyers say a court isn’t likely to allow either case to be certified as a class-action. Courts generally don’t allow class actions in situations where the outcome depends on individualized case by case facts and whether consumers are confused by the ads.