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Google Faces Another Lawsuit

malebolgia   on 18 August 2004 - 20:25 · 15 comments & 1754 views

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Another lawsuit has been filed against Google due to the companies AdWords keyword advertising program. So next Tuesday Google will be heading over to a German courtroom where it will continue to defend its technology against Metaspinner Media GmbH.

Metaspinner claims that Google's AdWords keyword advertising program infringes on its "Preispiraten" trademark. According to PCWorld Metaspinner already "won a preliminary injunction against Google last November and is seeking a permanent injunction and damages." This isn't the first time Google has been taken to court for similar trademark infringements. Earlier this year American Blind & Wallpaper Factory accused Google that its search engine's keyword-based advertising violates its trademarks.

This probably isn't the last of these types of lawsuits, eEspecially since several companies use generic words in their names - e.g. General Motors. Because of this, Google could also be targeted for keyword-based advertising. For Google's ad program to be ever sucessful, they need to resolve these issues once and for all.

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This leaves Nintendo, once again, with a lot of titles that are bound to gather critical acclaim - and almost certainly deservedly so - but with the exception of Metroid Prime 2 not that many that are likely to scythe through the competition during a hectic Christmas rush.

Any GBA owners bound to an elderly relative's couch this Christmas won't have too much to worry about, however, with a number of exciting titles due on the handheld - despite the impending launch of the Nintendo DS, which is due out in Europe in early 2005. In fact, it'll be interesting to see how GBA sales fare in the run-up to Christmas purely on that basis.

We'll be in the queue though, busily scrabbling to get hold of Mario Golf Advance Tour (Sept 17th), the eagerly awaited The Legend of Zelda: The Minish Cap (Nov 12th), Mario vs. Donkey Kong (Nov 19th), and - for the sake of working out what it is more than anything - "Super Mario Ball" (Nov 26th). Square die-hards will be pleased to see Final Fantasy I & II: Dawn of Souls down for early December, too.

Key exclusives due out on Nintendo platforms in the run up to Christmas:


GameCube

Wario Ware, Inc.: Mega Party Game$ - September 3rd

Animal Crossing - September 3rd

Pikmin 2 - October 8th

Donkey Konga - October 15th

Paper Mario 2: The Thousand Year Door - November 12th

Tales of Symphonia - November 19th

Metroid Prime 2: Echoes - November 26th


Game Boy Advance

Mario Golf Advance Tour - September 17th

Pokemon Leaf Green/Fire Red - October 1st

The Legend of Zelda: The Minish Cap - November 12th

Mario vs. Donkey Kong - November 19th

Super Mario Ball - November 26th

Mario Party Advance - December 3rd

Final Fantasy I & II: Dawn of Souls - December 10th


Post a comment · Send to friend Comments · There are 15 additional comments
#1 un0™ on 18 Aug 2004 - 20:38
Bitches
#2 Mister Lamar on 18 Aug 2004 - 20:44
whats this the next microsoft - sue me and take all my money cause we rich?
#3 lare2 on 18 Aug 2004 - 21:31
If they can get a bite of the cake, then they will try
#4 AV0X on 18 Aug 2004 - 21:35
Google is going down.
#5 todd` on 18 Aug 2004 - 21:40
Hmm.. when will it end?
(1 reply) #6 cybershark on 18 Aug 2004 - 21:41
Correct me if I'm wrong. But they are saying: We came up with the idea of bidding for keywords first, therefore we own the idea. That's exactly how you kill competition. Imagine what would happen every product/idea developed was allowed to be the only one.

Last edited by 40132 on 18 Aug 2004 - 23:04
#6.1 AV0X on 18 Aug 2004 - 22:12
I thought AOL did that.
(1 reply) #7 jivemastert on 18 Aug 2004 - 22:05
QUOTE
Earlier this year American Blind & Wallpaper Factory accused Google that its search engine's keyword-based advertising violates its trademarks.


how is that possible? crazy business right here.
#7.1 YaddaMe on 19 Aug 2004 - 14:09
That was a lil touchy. In a very simple summary, Google can't sell ads for X term unless X is the benfeficiary. For instance, a bid for a Geico ad can not lead the person to think that they are look at a Geico ad, but in realtiy looking at a competitor's ad. And it's not not ecessarily an established line.

What AB&WF was upset about was ads for generic terms, such as "decorate today" & "american blind" fell under their trademark. I don't ever recall hearing a ruling the case, but it wasn't completely without merit.

AB&WF trademarked "american blind" in relation to window blinds... but who is to say that someone isn't just searching for the American Council for the Blind?

Touchy subject, and each cases seems to be ruled different;y. Like the above Geico example, you'll find no competetors ads... however, search Louis vuitton & you'll see endless ads for ripoffs.
(1 reply) #8 Garry on 18 Aug 2004 - 23:46
[QUOTE]
Earlier this year American Blind & Wallpaper Factory accused Google that its search engine's keyword-based advertising violates its trademarks.
QUOTE

how is that possible? crazy business right here.

[/QUOTE]

Apologies, I can't seem to "reply" to posts, only make new ones. If I remember that case corrected, ABW is suing Google, basically because they are not top, and other companies are listed, when you search for American Blind and Wallpaper on Google.
#8.1 YaddaMe on 19 Aug 2004 - 14:12
AB&WF's complaint was over Google selling adwords based off of their trademarks... nothing to do with the SERPs.
(1 reply) #9 bfoot045 on 19 Aug 2004 - 00:22
These companies just want to get rid of google before they get big. They have had adwords for years and why do they decide to sue them now? Google either needs to look into things before doing them, or they need to relize that all the people that are sueing google for the names in the search engine, as in advertising, all have generic names.
#9.1 boo_star on 19 Aug 2004 - 02:29
Correction:

These companes want to sue Google now they ARE big.

You wont get much from suing a private company.
#10 nX07 on 19 Aug 2004 - 07:03
This will never end
Google has done so much for us, too!

Best search engine
Best eMail service
Best Picture Software now free
Best Blogging software
Best I.E. Toolbar
so much!

(Best is concidered in my POV, maybe not yours but you know..)
#11 Klownicle on 19 Aug 2004 - 12:48
Google is sooo large these days everyone is starting to see its potential, and everyone wants a piece of the pie

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