Internet search portal, Google has had its motion to dismiss a trademark infringement
case brought against it by auto-insurance firm, Geico, granted, it emerged last
week.
In May of this year, Geico filed suit against Google, alleging that its use
of the Geico trademark to draw up adverts for rival insurance providers represented
an infringement. Geico sought $8.65 million in damages, and an injunction to
prevent Google's AdWords program from using its trademark.
However, delivering a formal opinion on the matter in the US District Court
for the Eastern District of Virginia last Wednesday, Judge Leonie Brinkema argued
that:
"There is no evidence that that activity (the use of trademarks as sponsored
search terms) alone causes confusion."
Google's vice president and general counsel, David Drummond welcomed the ruling,
announcing that:
"It confirms that our policy complies with the law, particularly the use
of trademarks as keywords. This is a clear signal to other litigants that our
keyword policy is lawful."
The search firm is currently facing a similar trademark infringement case brought
by American Blind and Wallpaper. However, observers have suggested that last
week's opinion may not have any bearing on the verdict delivered in that and
future cases, as it was only delivered by a district court judge.