Trademark News & Screw-ups Google Facing Two New Trademark Lawsuits Over AdWords

The question is amount of notice that Google has had and amount of control that they exercise (or should exercise) over use of third-party trademarks in ads. The first case (a law firm's trademark hijacked by a lawyer referral service for a click-to-call ad) is a textbook example of unsavory unfair competition tactics that trademark laws are designed to protect businesses from. I'd say, someone is definitely going to pay for that. Not sure it'd be Google. But the referral center and their advertising agency will probably be on the hook. Google will be on the hook if they were notified by the law firm and didn't do anything about it while the misleading click-to-call ads continued running. As for the second case (website selling Teri Jon knock-offs), again, the plaintiffs are suing the entire chain from the website operators to payment processing companies (PayPal, American Express, Visa and Mastercard) to Google. I don't think Teri Jon expects a monetary award from Google or Amex, but they may get a court order that would prevent payment processors from running transactions for the website operator, which would pretty much kill the counterfeit business.

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Disclaimer: Please note that this post and this video are not and are not intended as legal advice. Your situation may be different from the facts assumed in this post or video. Your reading this post or watching this video does not create a lawyer-client relationship between you and Trademark Factory International Inc., and you should not rely on this post or this video as the only source of information to make important decisions about your intellectual property.