Google has beaten a couple of challenges to AdWords over competitor usage of trademarks as keywords, but they now have a third lawsuit coming to them from American Blind & Wallpaper Factory.
Google, AOL, Earthlink, and Ask are all on the receiving end of American Blind & Wallpaper Factory's lawsuit over trademark infringement. ABWF contended the use of its trademarks as keywords to trigger competitor advertising violated those marks.
Hopes for shutting the lawsuit off before it could pick up steam were dashed when US District Court Judge Jeremy Fogel denied part of Google's
Google settled one suit with insurance firm Geico, while winning out against an action by computer repair firm Rescuecom. AdWords does not allow competitors to display trademarks they do not own in contextual ads. Reuters cited part of
AOL and Earthlink ended up in this suit as ABWF countersued Google over the use of trademarks. Danny Sullivan has posted the 21-page decision by Fogel on his Search Engine Land site.
The latter company is still appealing its case.
They do allow competitors to purchase those marks as keywords to trigger ads that do not violate Google's terms of service.
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