I’m just saying.
Here’s the latest on the Google v. American Blinds case:
The suit claims Google’s practice of selling text ads related to keyword search terms infringes on American Blind’s trademarks, because competitors’ ads can appear on results pages delivered to users searching for the company. American Blind asked that Google be permanently barred from selling keywords.
In fact, the suit claims, Google makes it worse with its AdWords Keyword suggestions feature, which “actively and deliberately encourages American Blind’s competitors to purchase… virtually every conceivable, though indistinguishable, iteration of those marks.”
They make that sound like a bad thing. The good news for Google is that the judge granted Google’s motion to dismiss the (usually bogus) tortious interference with economic advantage counterclaim by American Blinds. The bad news is that the rest of the counterclaims are staying in the case, at least for now. Not what you’re looking for when you bring a declaratory judgment action.
Here’s the full text of the decision. By the way, in the classically California way, this is an “unpublished opinion” that everyone’s reading now. It says right on top, NOT FOR CITATION. Is there any hope for the common law?
Update: More from Kevin Heller, as usual.