Trial set for Google ad trademark case

Trial set for Google ad trademark case

There are 1 comment on the Thanh Nein News story from May 13, 2007, titled Trial set for Google ad trademark case. In it, Thanh Nein News reports that:

“We are confident that they will be unable to prove their remaining claims at trial”

A laptop screen shows the homepage of Google.cn. in Beijing A U.S. judge on Friday ordered Google to face a jury trial in a trademark infringement suit that targets the workings of the Web search leader's main ... via Thanh Nein News

Join the discussion below, or Read more at Thanh Nein News.

Tom Crandall

United States

#1 May 23, 2007
When Google loses this or an upcoming trademark lawsuit, they will be impacted, but still very profitable. The majority of Adwords revenue comes from advertising on generic phrases like “window blinds” versus trademarks like “American Blind.”

Incidentally, some companies decide not to implement the current trademark policy because they may not have a vested interest in a reseller market, this choice should continue to be left to the trademark holder. The auto industry is a good example, and Ford does not implement the trademark policy on the trademarked phrase “used Ford F150″ because they encourage dealerships and aggregators to handle the used vehicle market.

What eventually will happen in the U.S. and Canada, and has already taken place in Europe, is that search engines will be required by law to completely prevent unauthorized parties from even placing ads on federally protected trademarks.

The real issue here is how “generic” can a phrase be to be allowed trademark status. Let’s look at the company, Discount Tire. People don’t normally search for “discount tire” unless they are looking for the company, Discount Tire. The generic phrase people tend to search for is “discount tires” with an ’s.’
This is where things can get heated. How does the USPTO determine if a phrase is too generic to be trademarked?

...frequently asked questions about the Google Lawsuit: http://www.semreportcard.com/how-trademark-pr...

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