Tuesday, May 12, 2009
On May 11, 2009, a Texas trademark litigation attorney initiated a class action lawsuit against Google, Youtube, AOL, and Turner Broadcasting System for trademark infringement. The Class Representative is a small software company in Marshall, Texas, called Firepond. The jist of Plaintiff's Complaint alleges that Defendants are infringing Plaintiff's trademarks by selling Plaintiff's trademark words in Adwords. For example, “Firepond” is one of the terms that were bid upon by Plaintiff’s competitors. When an individual searches for the term “Firepond” in a Google search, an Adword advertisement of one of Plaintiff’s competitor’s appears at the top of the search. This is not the first time Google has been sued for trademark infringement because of its Adwords sales. However, this is the first time it’s been in the context of a class action lawsuit.