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Google Sues For Trademark Infringement?

Writing by Nick Stamoulis

OK, here’s a good one. You own the distribution model for paid-for advertising. You allow advertisers to spend money to distribute their ads through your network using your name. You even take their money. Then you sue them for using your name.

That’s what Google is doing. Suing advertisers who use the Google name in pay-per-click ads on Google.

Wait a minute. With all of Google’s fancy schmancy technology, they can’t block ads that use the keyword “Google”? There’s just something about this that doesn’t seem right.

Don’t get me wrong, I’m not condoning the work-at-home scams. There are a ton of them. And using another company’s good name to scam people out of their money using trickery, outright lies, deception, and other nefarious deeds is just flat wrong. But if you own the distribution channel for the ads surely you can stop the ads from displaying to begin with. Can’t you? Imagine this scenario: Your local newspaper takes money from an advertiser for running ads promising to make people rich using your local newspaper’s name (fill in the blank). Then the newspaper sues the advertiser for making money off the use of the newspaper’s name. Will it fly?

I don’t think it will. The obvious argument for the defense here is that the company, in this case Google, has the technology, the overall ability, and the motivation for blocking the ads before they run. Therefore, they’re as guilty as the advertiser.

What do you think? Is this a case of trademark infringement or just a bad case of Google With Head Up Butt Syndrome? Or even worst these type of Google scams spend so much money that they don’t mind making some additional money from them until these advertisers get themselves in trouble and then they take action? I don’t know, but this is is an interesting topic for sure!

2 Responses to “Google Sues For Trademark Infringement?”

  • Jordan McCollum says:

    Actually, I don’t think that’s what they’ve done here. Google has blocked the ads on AdWords progressively more aggressively, first disallowing the terms, and ultimately banning the scammers (Barry @ SE Roundtable gave a good overview of the bans: http://www.seroundtable.com/archives/021315.html ).

    I’ve read the court filing and Google asserts (correctly, from the screencaps I’ve seen) that the scammers are using Google’s name and logo—their trademark—on their (the scammers’) websites illegally, and making it appear that Google endorses their products and services. They’re not suing them for the AdWords ads they’ve been blocking for months.

  • Nick Stamoulis says:

    Hi Jordan,
    Thanks for sharing the additional information and link to SE Roundtable post…it should be interesting to see really how long it will take Google to clean up all of the scammers. Also, I wonder if when they catch most of them, how long it will take for these scammers to find another way around it and 6 months from now we all will be talking about that aspect of the story. :)

    Anyway, thanks for stopping by and the comment!

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