Wednesday, December 15, 2004

Partial decision in Geico. According to one of my colleagues on the ABA/IPL Committee 254, today "the court dismissed a key element of GEICO's case, ruling that there was not enough evidence of trademark violation to bar Google from displaying rival insurers when computer users search the word 'Geico.'" More info from the same individual:
Geico claimed that Google's AdWords program, which displays the rival ads under a "Sponsored Links" heading next to a user's search results, causes confusion. "There is no evidence that that activity alone causes confusion," Brinkema said, in granting Google's motion for summary judgment on that issue.

But Brinkema said the case would continue to move forward on one remaining issue, whether ads that pop up and actually use Geico in their text violate trademark law. Google contends that its policies expressly forbid advertisers from using trademark names in the text of their ads.

The search engine says it does its best to prevent ads that violate the policy from sneaking in, and that the advertisers would liable for any trademark violation, not Google.

Brinkema said she would halt the trial at this point to put a decision in writing and she encouraged both parties to try and settle the remaining issues.
Reuters has this report.

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