As Expected, Rosetta Stone Loses Badly To Google In Claiming Trademark Violations For AdWords

from the when-will-these-lawsuits-stop? dept

There have been so many baseless lawsuits against Google for selling trademarked keywords as part of its AdWords program, that you would think lawyers would recommend against even bothering. Google always wins — as it should. First of all, despite what some people believe, trademark does not give you complete control over the mark. The purpose of trademark law is to avoid consumer confusion. More recently the whole “dilution” theory has been tacked on to trademark law as well, but that is still somewhat limited. Beyond that, if there is consumer confusion in an AdWords ad, Google is still the wrong party to sue. Instead, the liability belongs on whoever created the confusing ad.

While a lot of the more recent such cases have been from smaller companies, a lot more attention was paid to the news that language software firm Rosetta Stone sued Google over this issue last year. Eric Goldman, who’s been tracking all of these types of lawsuits against Google, has a detailed discussion on the judge’s ruling throwing out Rosetta Stone’s case and giving a pretty complete victory to Google. Goldman notes that there are a few problems with the ruling, but it gets the big questions right. Now, hopefully, lawyers and companies will finally start to realize there’s nothing illegal about Google selling ads on your trademarked terms.

Filed Under: ,
Companies: google, rosetta stone

Rate this comment as insightful
Rate this comment as funny
You have rated this comment as insightful
You have rated this comment as funny
Flag this comment as abusive/trolling/spam
You have flagged this comment
The first word has already been claimed
The last word has already been claimed
Insightful Lightbulb icon Funny Laughing icon Abusive/trolling/spam Flag icon Insightful badge Lightbulb icon Funny badge Laughing icon Comments icon

Comments on “As Expected, Rosetta Stone Loses Badly To Google In Claiming Trademark Violations For AdWords”

Subscribe: RSS Leave a comment
Truth Finder says:

Rosetta Stone vs Google

Piracy is theft. Shoplifting is theft. So how did Rosetta Stone settle the petty larceny charge involving the mother of their Legal Counsel at a Safeway store in Mclean last September? The arrest was published in The McLean Ear with a headline “McLean Residents Arrested for Week Ending Sept. 30” and the hearing for this case was on February 1st. Google should do an investigation on this matter.

Add Your Comment

Your email address will not be published. Required fields are marked *

Have a Techdirt Account? Sign in now. Want one? Register here

Comment Options:

Make this the or (get credits or sign in to see balance) what's this?

What's this?

Techdirt community members with Techdirt Credits can spotlight a comment as either the "First Word" or "Last Word" on a particular comment thread. Credits can be purchased at the Techdirt Insider Shop »

Follow Techdirt

Techdirt Daily Newsletter

Techdirt Deals
Techdirt Insider Discord
The latest chatter on the Techdirt Insider Discord channel...