AdWords Gets Its Day In Court

An actual court date has been set in the Google versus American Blind and Wallpaper Factory, Inc. court case. The suit against Google's adwords will be heard on November 9, 2007.

"In an April 18, 2007 decision denying Google's motion to dismiss the case, the court wrote that '''the evidence suggests that Google used [ABWF's] mark with the intent to maximize its own profit ... [and] ABWF has produced sufficient evidence of likelihood of [consumer] confusion [to allow the case to be decided by a jury],''' it was reported.

Google's allowance of advertisers to use other's trademark terms as keywords has been contentious for quite some time. Even though the trademarked term cannot appear in the ad copy, it does allow the branded terms to be used.

The trial will be held in the United States District Court for the Northern District of California in San Jose. So the home court advantage goes to Google.

About the author

Frank Watson has been involved with the Web since it started. For the past five years, he headed SEM for FXCM -- at one time one of the top 25 spenders with AdWords. He has worked with most of the major analytics companies and pioneered the ability to tie online marketing with offline conversion.

He has now started his own marketing agency, Kangamurra Media. This new venture will keep him busy when he is not editing the Search Engine Watch forums, blogging at a number of authoritative sites, and developing some interesting online community sites.

He was one of the first 100 AdWords Professionals, a Yahoo and Overture Ambassador, and a member or mod of many of the industry forums. He is also on the Click Quality Council and has worked hard to diminish click fraud.