Why Google is Safe from Trademark Infringement on AdWords




Just finished reading Eric Sinrod’s analysis of why a judge decided in favor of Google in a law suit filed by Rescuecom.

Here’s Sinrod’s take on why the judge allowed Google to continue to accept bids on trademarked terms…

…Judge Mordue accepted all of Rescuecom’s alleged facts as true and yet still found that none of these alleged facts established trademark use by Google…he came to this conclusion, in part, because “there is no allegation that (Rescuecom’s) trademark is displayed in any of the sponsored links about which (Rescuecom) is concerned.”

“There is no allegation that (Google) places (Rescuecom’s) trademark on any goods, containers, displays or advertisements, or that its internal use is visible to the public,” the judge concluded.

As Sinrod points out, this ruling doesn’t set a precedent, but it’s certainly a strong win for Google.