American Blind & Wallpaper Factory Lawsuit Continues

Apr 23, 2007 • 10:15 am | comments (3) by twitter | Filed Under Google AdWords
 

The case of American Blind & Wallpaper Factory vs. Google is continuing. According to a WebmasterWorld post, a judge refuses to drop the suit against Google. The post references a news article that says:

American Blind & Wallpaper Factory, the top US reseller of window blinds, charged in its lawsuit that Google abuses trademarks by allowing rivals of a company to buy ads that appear when consumers search the web for information on that business.

This is exactly what I covered last week. Google does have a way of reporting AdWords violations. Then again, this case has been around for quite some time.

The WebmasterWorld members are pretty unsure about how to really approach these violations, but another member points them to a Google AdWords blog post about preventing unauthorized advertisers from using trademark terms in their AdWords copy.

So, why was this case not dismissed? From the article:

Fogel wrote in his decision: "The large number of businesses and users affected by Google's AdWords program indicates that a significant public interest exists in determining whether the AdWords program violates trademark law."

From the discussion on WebmasterWorld, I suppose that is very true!

For more information, we suggest reading Google Gets Mixed Bag in Latest Ruling in American Blinds Case from Eric Goldman.

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Comments:

Nathania Johnson

04/23/2007 04:05 pm

Tamar, last week over at the SEM Zone how paid ads for American Blinds are showing up for searches for "Bali Blinds" and "National Blinds." So it seems there is a little hypocrisy with AB's suit. http://www.thesemzone.com/2007/04/end-of-googles-trademark-lawsuits.html

Thomas

04/26/2007 09:29 pm

How did you get wind of this case moving forward? I've not seen it anywhere else. T

Tom Crandall

05/24/2007 06:47 am

Google is illegaly abusing trademarks by using them for monetary gain in commerce, without consent from said holders of federally protected trademarks. The big blast of wind you felt on May 11th was Google’s legal team sighing in defeat when Judge Fogel decided for the American Blinds case to go to a jury trial. I should also mention that Judge Fogel stripped aspects of the plaintiff’s complaint, but ruling that the public has an interest in whether AdWords, the Google’s pay-per-click advertising system, violates U.S. trademark law. It was explained to me that the scope of this trial will focus primarily on whether the action of a company, advertising on a direct competitor’s trademark through Google’s Adwords system, is illegal.

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