Scores Victory in AdWords Case against Geico
Inc. won a significant legal victory against Geico when a federal judge
ruled that the search engine's advertising policy does not violate trademark
laws. The ruling is the first in American courts to address whether Google
can sell ads linked to trademarked search terms. According to the judge, "as
a matter of law it is not trademark infringement to use trademarks as
keywords to trigger advertising," This outcome had not been expected
as in late August, the judge had denied Google and Overture's motion to
dismiss six charges brought by Geico and on Nov. 19 had denied Google's
motion for summary judgment. Overture (Yahoo!) had settled out of court with
insurance company Geico earlier in December 2004. Terms of the agreement
were not disclosed.
has yet to rule on another claim by Geico, that Google is liable for
trademark infringement when it lets marketers buy ads that use trademarked
names in the ad copy. But this should pose no threat to Google, as
executives have said Google removes such ads when trademark holders complain.
December 16, 2004,
darf Marken als Trigger verwenden, intern.de:
"Im Rechtsstreit zwischen Google und dem Autoversicherer Geico kam es
gestern zu einer überraschenden Wendung. Ein US-Bundesgericht wies den
wichtigsten Klagepunkt ab."
December 15, 2004, Olsen, Stefanie,
Google wins in trademark suit with Geico, CNet:
"Google scored a big legal win Wednesday when a federal judge ruled that
its use of trademarks in keyword advertising is legal."