AA sues Google over ads

[mtp51]

"The airline, a unit of AMR, accuses Google of selling the right to use American Airlines’ trademarks and service marks, or “words, phrases, or terms confusingly similar to those marks,” to competitors who then direct searchers to their own Web pages."

http://www.nytimes.com/2007/08/18/te...in&oref=slogin

[katroa]

I read that article, too. I do hate the way Google has 'sponsored links'. They are SO misleading. I have to read down and make sure it says 'official home page'. Just because it is sponsored, doesn't mean it is sanctioned!..

[stacynan]

It is the individual advertiser's responsibility to make sure they are not breaking any copyrighted/trademark laws. I believe they are the ones at fault here, not Google which is just the advertising medium.

[dwt55]

This post has been deleted, and the member permanently banned from Tripso, for deliberately reinserting a blatant advertising link into the post, after the post had been edited by a moderator, the link removed, the secondary link described in the post entered in its place, and the member warned.

Advertising is not permitted in posts in the forums. If you want to advertise you have to pay for the privilege.

[Ned]

Nan, I don't agree. While it is up to the individual trademark/service mark, and copyright holder to defend their marks and work, it is still illegal to sell the right to use a third party's trademark or service mark, or use them yourself for profit, without permission of the trademark/service mark or copyright holder.

In my opinion, having studied trademark law extensively, and having been trained in this law by my attorney, when defending a trademark I own from illegal use, I believe Google has violated AA's trademarks and service marks. By the way, we won our suit.

Here's the crux of the problem, as I see it. Google has sold the right to "Sponsored Links" to use AA trademarks or service marks, so that when these AA trademarks or service marks are typed into the Google search engine, websites and web pages other than AA are listed in the Sponsored Links.

For example, if I type in AAdvantage into Google I will get the website FlightBliss.com listed in the upper right corner of the search page. If I go there, I don't get anything having to do with AA, but a page to subscribe to First Class Flyer, the newsletter. Google has charged FlightBliss.com to get that page position, the first listing, by selling them permission to use the search term AAdvantage, a trademarked name, owned by AA, to get that listing on that page. The way I read it, that is a blatant violation of trademark law.

Originally Posted by stacynan

It is the individual advertiser's responsibility to make sure they are not breaking any copyrighted/trademark laws. I believe they are the ones at fault here, not Google which is just the advertising medium.