Google's AdWords service allows advertisers to sponsor
particular search terms so that, whenever that term is searched,
the advertiser's link will appear next to the search results.
Rescuecom accuses Google of allowing and advising rival computer
service companies to use its trade marked term in their list of
sponsored search terms, with the result, says Rescuecom, that
Google users contact and use rival firms who they think are
associated with the Syracuse-based franchise.
"It's a shame that Google has to exploit an explicitly trade
marked name all for the sake of a few cents per click," said David
Milman, CEO of Rescuecom.
"In this way, those companies willing to pay for the most
advertising search words can conceivably trample upon and utilise
competitors for their own gain – it's blatant trade mark
infringement," he added.
Until recently, said the firm, it had contacted rivals directly
to stop the use of the trade mark, but when one competitor wrote
back saying that it did not choose its keywords and that Google
provided them, Rescuecom decided to sue Google.
The situation has been exacerbated by a policy change in
Google's screening program that took place in April this year, said
Rescuecom.
Previously the search engine screened for trade marks when
advertisers selected keywords for the service; but in April, Google
announced that it would no longer pre-screen or remove keywords
connected with trade marks. Google said it would only act if a
trade marked term was actually used in the text of an advert.
"Google's change in policy has forced us to take legal action
against it to protect our trade mark," said Edmund Gegan, lawyer
for the franchise. "By hijacking our name for use in advertising
search terms, Google is diluting the value of Rescuecom for its own
profit and for the benefit of our competitors."
The lawsuit, filed on 6th September, seeks an injunction against
the use of the term, an accounting for profits made from use of the
term, and damages.
Speaking to the Central New
York Business Journal, Google spokesman Steve Langdon commented:
"Google's advertising program gives consumers greater access to
information, and we believe our trade mark policy complies with the
law. We believe this suit is without merit and will defend against
it vigorously."
