Kinderstart v. Google Lawsuit Dismissed
(for more information on the case see
U.S. District Judge Jeremy Fogel for the Northern
District in San Jose dismissed a lawsuit brought by
Kinderstart.com that accused Google in March 2006 of "pervasive
monopolistic practices" that led to the denial of the
site's free speech rights, prevention and destruction of
competition, and predatory pricing. Kinderstart, a parenting search engine site, filed its suit after
suffering an approximate 70 percent drop in monthly
traffic after Google buried its visibility in search
Google argued in court that its rankings were
opinions and therefore protected by the US
constitution's first amendment, which protects freedom
of speech. The Judge wrote in his decision that,
"Kinderstart has failed to allege any conduct on the
part of Google that significantly threatens or harms
competition." Kinderstart will have the opportunity to
amend all nine counts of its lawsuit.
KinderStart v. Google, Case 5:06-cv-02057-JF (N.D.
to dismiss granted July 13, 2006)
Kinderstart attorneys say they will file an amended
complaint by 29 September, the next scheduled court date.
July 13, 2006: Goldman,
KinderStart Lawsuit Dismissed (With Leave to Amend), Technology &
Marketing Law Blog
July 13, 2006: Mills, Elinor,
Judge dismisses suit over Google ranking, ZDNet:
"A California judge on Thursday dismissed a Web site's lawsuit against
Google over its fall in the Google search index, but left the door open for
the lawsuit to be amended and refiled. "
July 3, 2006:
Rank outsider sues Google over zero score, The Register:
"Google has defended its right to rank web pages in any manner it likes in a
groundbreaking court case over its search engine results."
June 30, 2006: Kawamoto,
Suit over poor Google ranking may go forward, CNet:
"A federal judge in California hinted that a parenting Web site that's suing
Google over a poor ranking in the search giant's massive index would be able
to proceed with its lawsuit."
For a list of legal documents visit: Goldman, Eric,
KinderStart Hearing and Source Documents, Technology & Marketing Law Blog