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 Google wins Kinderstart case

US district court judge Fogel has dismissed a lawsuit filed against Google by KinderStart, a search engine aimed at kids and parents, without leave to amend. The suit alleged that when Google delisted KinderStart in March 2005 it violated anti-trust, unfair competition, free speech, and libel laws. Kinderstart had also accused Google of manipulating search results for political and religious reasons and skewing results in favor of companies that compensate Google financially.

The case was first filed in March 2006 and then KinderStart amended the complaint in September.

The Court concluded in its July 13th Order that KinderStart had failed to allege facts sufficient to support each of the four elements of an attempted monopolisation claim ... The Court also noted that KinderStart had not sufficiently described the markets relevant to its claim. The SAC (second amended complaint) suffers from essentially the same defects."

"The Court dismissed the defamation and libel claim in the FAC (first amended complaint) on the basis that KinderStart had failed to explain how Google caused injury to it by a provably false statement about the output of Google’s algorithm regarding, as distinguished from an unfavorable opinion about’s importance ... "KinderStart's allegations are vague and ambiguous, and KinderStart makes only general claims as to the type of injury it allegedly suffered … KinderStart still has failed to identify a provably false statement."

The judge also imposed yet-to-be-determined sanctions on KinderStart's lawyer Gregory Yu for making unsupported allegations against Google. LLC v. Google, Inc., C 06-2057 JF (N.D. Cal. March 16, 2007)

Opinion dismissing the lawsuit / Opinion granting sanctions





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