Google's AdWords on Trial: Who Owns Brand Names?

by Jordan Yerman | April 21, 2007 at 08:40 am
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We call soft drinks Cokes and copy machines Xerox machines: at some point a brand name becomes synonymous with the type of product itself. Does this mean that that brand name can't be used as a comparison-shopping tool? This is a sticky one.


Google will face another trade mark law suit over its AdWords system after a judge refused Google's request that the case be thrown out of court. The issue will be tried before a jury for the first time.

Google has already won suits over its ad system, which allows companies to buy the right to display their advert when a certain term is searched for. The new case will be the first to be heard before a jury, according to the lawyers acting against Google.

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Trade mark owners have argued that they should be the only firms allowed to advertise when their trade mark is searched for.

American Blind & Wallpaper Factory (ABWF), the US's biggest reseller of window blinds, has sued Google for abuse of trade marks because of rivals' right to buy adverts when web users search for its name. The ad system does not affect the actual search results delivered by Google's search engine.

I believe that consumers should have every tool available to them in order to make the best possible decisions: more happy customers, fewer questions for salespeople!

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