For the half-year to 30 June 2014, the IPKat's regular team is supplemented by contributions from guest bloggers Alberto Bellan, Darren Meale and Nadia Zegze.

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Monday, 14 May 2007

Google to face jury trial

eWeek reports that Google is to face a jury trial in a case brought against it by American Blind & Wallpaper Inc in San Francisco. The case concerns Google’s Adwords scheme, whereby trade marks were sold to their owners’ competitors as advertising keywords. This is said to be the first jury trial of an internet keyword issue.

The IPKat is not feeling optimistic – it’s hard enough for judges to get their heads around (a) the technology and (b) the tricky issue of trade mark use, let alone a jury.

2 comments:

Anonymous said...

Why should a judge want to get his/her head around a jury?

Tom Crandall said...

When Google loses this or an upcoming trademark lawsuit, they will be impacted, but still very profitable. The majority of Adwords revenue comes from advertising on generic phrases like “window blinds” versus trademarks like “American Blind.”

Incidentally, some companies decide not to implement the current trademark policy because they may not have a vested interest in a reseller market, this choice should continue to be left to the trademark holder. The auto industry is a good example, and Ford does not implement the trademark policy on the trademarked phrase “used Ford F150″ because they encourage dealerships and aggregators to handle the used vehicle market.

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