Wallpapers Google Biography
Google, Inc. v. American Blind and Wallpaper Factory, Inc., No. 03-cv-05340 JF (RS) (N.D. Cal. Apr. 18, 2007),[1] was a decision of the United States District Court for the Northern District of California that challenged the legality of Google's AdWords program. The court concluded that, pending the outcome of a jury trial, Google AdWords may be in violation of trademark law (see federal Lanham Act, 15 U.S.C. § 1114(1)) because it (1) allowed arbitrary advertisers to key their ads (see keyword advertising) to American Blind's trademarks and (2) may confuse search-engine users initially interested in visiting American Blind's website into visiting its competitors' websites (see Initial Interest Confusion doctrine).
Google v. American Blind was not the first case to address trademark infringement in the context of online keyword advertising (see Playboy Enterprises, Inc. v. Netscape Communications Corp.[2], 1-800-CONTACTS v. WhenU Inc.[3]). Nevertheless, it generated interest in the trademark-law community because it came on the heels of PEI v. Netscape[2]--a case that failed to resolve the legality of keyword advertising in which the origins of ads are clearly designated.[4] Despite a four year battle, American Blind settled with Google soon after this decision, hence leaving much of this legal territory unexplored.
The case began in Nov. 2003 when Google preemptively sought a judicial determination that its AdWords program did not infringe American Blind's trademarks. In May 2004, American Blind counter-sued Google for trademark infringement under the Lanham Act. Google subsequently filed a motion to dismiss in 2005, which was denied.[5] Finally, Google filed a motion for summary judgement, which resulted in this decision.
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Google, Inc. v. American Blind and Wallpaper Factory, Inc., No. 03-cv-05340 JF (RS) (N.D. Cal. Apr. 18, 2007),[1] was a decision of the United States District Court for the Northern District of California that challenged the legality of Google's AdWords program. The court concluded that, pending the outcome of a jury trial, Google AdWords may be in violation of trademark law (see federal Lanham Act, 15 U.S.C. § 1114(1)) because it (1) allowed arbitrary advertisers to key their ads (see keyword advertising) to American Blind's trademarks and (2) may confuse search-engine users initially interested in visiting American Blind's website into visiting its competitors' websites (see Initial Interest Confusion doctrine).
Google v. American Blind was not the first case to address trademark infringement in the context of online keyword advertising (see Playboy Enterprises, Inc. v. Netscape Communications Corp.[2], 1-800-CONTACTS v. WhenU Inc.[3]). Nevertheless, it generated interest in the trademark-law community because it came on the heels of PEI v. Netscape[2]--a case that failed to resolve the legality of keyword advertising in which the origins of ads are clearly designated.[4] Despite a four year battle, American Blind settled with Google soon after this decision, hence leaving much of this legal territory unexplored.
The case began in Nov. 2003 when Google preemptively sought a judicial determination that its AdWords program did not infringe American Blind's trademarks. In May 2004, American Blind counter-sued Google for trademark infringement under the Lanham Act. Google subsequently filed a motion to dismiss in 2005, which was denied.[5] Finally, Google filed a motion for summary judgement, which resulted in this decision.
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