A Florida court has ordered Orion Residential Finance to employ what Google
calls 'negative keywords' to make sure that possible clients searching for housing
finance can never confuse its offerings with those of Orion Bank, which sued
to protect its trademark.
The US District Court for the Middle District of Florida, Tampa Division, ruled
in favour of Orion Bancorp Inc against Orion Residential Finance llc (ORF) and
others, issuing an injunction which restrains ORF from purchasing or using any
form of advertising including keywords or 'adwords' in internet advertising
containing any mark incorporating the Bank's trademark, or any confusingly similar
mark, and and requires ORF, when purchasing internet advertising using keywords,
adwords or the like, to require the activation of the term 'Orion' as negative
keywords or negative adwords in any internet advertising purchased or used".
Orion Bancorp took ORF to court over ORF's use of the word 'Orion' in relation
to financial services and products, saying that it had had held a trade mark
for it since 2002.
The judge said that ORF had been 'actively engaged in the business of offering
to the consuming public financial and real estate related services utilizing
the term ORION or various iterations thereof, including use in interstate commerce,
on various signs, advertising, slogans, promotional material, a top level domain
name at www.orionresidentialfinance.com and other matters containing the term
“Orion”, all without Plaintiff’s authorization or consent'.
ORF did not contest the case, and had agreed to the issue of the injunction.
The judge noted that: 'by reason of Plaintiff’s long term and considerable
expenditures and extensive advertising and promotion . . . . the public has
come to recognize Plaintiff’s goods and services as emanating solely from
Plaintiff. Plaintiff’s Marks are valid, enforceable, and owned exclusively
by Plaintiff.'
Costs were awarded in cause.