Gecko, Geico, all is fair in web search triggers - Ars Technica
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Gecko, Geico, all is fair in web search triggers - Ars Technica
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Gecko, Geico, all is fair in web search triggers
A District Court judge affirms the right to use trademarked keywords to ...
Fred Locklear
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Dec 16, 2004 12:02 pm
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Earlier this year, the insurance company Geico filed suit against Google and Overture over what they deemed were trademark violations in search related advertising. According to Geico, protected keywords that triggered ads for rival companies diluted their trademark and created customer confusion. If Geico prevailed, it could place a huge damper in the paid search market and create a huge trademark minefield for search companies to navigate.
Overture decided to settle with Geico, while Google put their faith in the court system. On Wednesday, Google prevailed when a US District Court judge granted Google’s motion to dismiss .
The judge said that "as a matter of law it is not trademark infringement to use trademarks as keywords to trigger advertising," said Michael Page, a partner at Keker & Van Nest, which represented Google.
The suit is not completely over, however. The dismissal only covers the use of Geico trademarks in triggering search advertising. Another part of the lawsuit that concerns the use of Geico trademarks in rivals’ search ads is still alive, but the judge has urged the two sides to settle the dispute outside of court. In relative terms, the remaining dispute is minor to the issue that was dismissed. But, Geico would want you to think otherwise. In a tactic all to common these days, Geico glosses over the claim thrown out of court and announced victory in the shadow of stunning defeat.
The use of the GEICO trademark to trigger Google paid ads that include the GEICO name violate the federal trademark laws. The judge presiding over the lawsuit filed by GEICO against Google Inc. ruled today that evidence presented by GEICO conclusively proves that such Google ads infringe GEICO’s trademarks.
Of course, it is easy for Geico to claim whatever they want from a judge’s oral decision. Let’s see if they sing the same tune when the written final decision is filed by the court.
Fred Locklear
Fred Locklear
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