Judge won’t toss out Google, Overture suit
Cnet is reporting that U.S. District Judge Denis Hurley said in a preliminary ruling late last month that a lawsuit filed by the former owner of PetsWarehouse.com could proceed, denying the search companies’ efforts to get it dismissed. A third defendant is Kanoodle which, along with Overture and Google, displays advertisements and sponsored links based on search terms.
Pet store owner Robert Novak claimed in the suit that he owned the trademark to the term “Pets Warehouse” and that Google, Kanoodle and Overture, which is owned by Yahoo, illegally sold advertising tied to that phrase. Even though the search companies argued that the phrase was generic, the judge said without more information he could not “conclude as a matter of law that the registered mark is generic.” (full story)
So before you jump headline into pay-per-click advertising on key word searches make sure you check out the key words you use.
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