Suit: Google Expected Trademark Infringement Claims

CINCINNATI, Ohio — Google has been hit by another infringement claim over infringing trademarks by selling them as keyword search links to competitors of the businesses that own the marks.

The case, filed in U.S. District Court in Cincinnati, pits CNG Financial Corp. versus the search engine giant and mirrors a previously resolved case involving insurer Geico.

But CNG’s claim reveals a little-known fact about Google — the search engine is in the business of infringing trademarks, as so noted in its IPO prospectus.

“In order to provide users with more useful ads, we have recently revised our trademark policy in the U.S. and Canada,” Google’s initial offering prospectus says. “Under our new policy, we no longer disable ads due to selection by our advertisers of [other parties’] trademarks as keyword triggers for the ads.

“[A]s a result of this change in policy, we may be subject to more trademark infringement lawsuits. Defending these lawsuits could take time and resources. Adverse results in these lawsuits may result in, or even compel, a change in this practice which could results in a loss of revenue for us, which could harm our business.”

CNG says in the suit that Google changed policy “to enhance the value of its initial public stock offering and in order to increase advertising revenue, which account for nearly all of Google’s total earning.”

CNG, which wants use of its trademark in Google ad programs enjoined and is seeking compensatory and punitive damages, said that Google is unjustly enriching itself by selling its registered trademark, “Check ’N Go,” to competitors, whose names appears as “sponsored links” to a Google search of the trademarked term.

Attorneys for both sides did not return calls to XBiz.

The CNG case is similar to a suit resolved in 2004 involving Geico Corp. A federal court rejected a claim by auto insurance giant Geico, which argued that Google shouldn't be allowed to sell ads to rival insurance companies that appear whenever Geico’s name is typed into the Google search box.

Another suit involving visual images from adult company Perfect 10 Magazine and sister site Perfect10.com has yet to be resolved.

Company owner Norman Zada is seeking to enjoin Google from copying, displaying and distributing Perfect 10 images through its search service.

Zada alleges that as many as 96 percent of Google search results on Perfect 10 model names are diverted to infringing Google AdSense partners and not the Perfect10.com website. Zada also alleges that Google has converted his Perfect 10 content into hundreds of millions of dollars in advertising revenue.

“This is far beyond some sort of innocent and impartial search function,” Zada told XBiz in October, adding that Google’s principal argument against infringement claims is that it provides users with a search function and is therefore excused from liability.

“They are a commercial operation misappropriating content for the purpose of driving traffic to their websites,” he said. “Google's extraordinary gain in market cap from nothing a few years ago to close to $80 billion, is more due to the massive misappropriation of intellectual property than anything else.”

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

CAM4 Debuts Weekly 'Skyy Knox's CAM Crawl' Livestream

CAM4 is launching "Skyy Knox’s CAM Crawl," a new livestream running every Sunday at 3 p.m. PDT.

Texas Judge Pauses AG Ken Paxton's Aylo Lawsuit Until SCOTUS Decision

A Texas district judge granted a request Wednesday to pause proceedings in the lawsuit filed by Attorney General Ken Paxton against Aylo over its implementation of Texas’ controversial age verification requirements for Pornhub, pending the outcome of the Free Speech Coalition-led lawsuit against Paxton, which will be heard by the Supreme Court during the next term.

Author of UN Report Recommending Worldwide Criminalization of Sex Work, Porn to Speak at NCOSE Summit

Jordanian activist Reem Alsalem, a special rapporteur on violence against women and girls at the United Nations Human Rights Council who recently issued a controversial report recommending that governments abolish all forms of sex work, including porn, will speak at anti-porn lobby NCOSE’s 2024 summit in August.

Spicey AI Voice Chat Platform Launches

Spicey AI, a platform that uses artificial intelligence to create interactive voice messages from chatbots based on adult performers, has launched.

Derek Hay Sentencing Hearing: Performers Give Impact Statements

The first day of the sentencing hearing for LA Direct Models’ Derek Hay, who pleaded guilty in May to one charge of conspiracy to commit pandering and a charge of perjury, took place in Los Angeles Wednesday.

Utherverse to Host 8th Annual VirtualCon in September

Virtual reality and metaverse technology company Utherverse will hold the eighth edition of its annual virtual conference, VirtualCon, from Sept. 26-28.

Pornhub Shuts Down Access in Nebraska Over Age Verification

Aylo began blocking access to Pornhub in Nebraska on Monday, in anticipation of the state’s new age verification law — one of many such bills promoted by religious conservatives around the country — which is scheduled to go into effect Thursday.

FeelMe AI Launches 3 New Subscription Tiers

FeelMe AI has launched three new subscription levels, allowing users to connect compatible Kiiroo sex toys to their videos for interactive solo play.

CamSoda Launches AI Girlfriend Builder

CamSoda has debuted a personalized "AI girlfriend" feature, which allows users to create their very own virtual companion at no charge, including free NSFW role-play and chat.

Free Speech Organization Comes Out in Support of Wisconsin Professor Who Posted on OnlyFans

After a University of Wisconsin-La Crosse faculty tribunal recommended stripping veteran professor of communications Joe Gow of tenure last week due to Gow having unremorsefully created and appeared in adult content, a major free speech organization has come out in his support.

Show More