Google adwords case dismissed
The US District Court for the Eastern District of Virginia has dismissed a trademark infringement lawsuit filed by language software developer Rosetta Stone against Google.
Judge Gerald Bruce Lee dismissed the case on April 29, but has yet to publish the full reasoning behind his decision.
Rosetta Stone filed suit in 2009, alleging that Google illegally sold sponsored search links for its name to pirate companies offering counterfeit versions of Rosetta Stone products.
It further alleged that Google knew of the pirate activity and not only did nothing to stop it, but facilitated it through the sale of the search terms, confusing customers and depriving Rosetta Stone of legitimate business.
But Google said in a statement that the court’s decision was correct and that there was no evidence that the use of trademarks for keywords or advertising confuses customers.
Tom Adams, Rosetta Stone’s president, said in a statement that the company is “deeply disappointed that Rosetta Stone was not given an opportunity to present at a public trial the facts underlying Google’s practices and the motivation that led Google to adopt its current trademark policies.
“Google has a corporate responsibility to protect consumers and promote trust in its search results. Without question, Google knows that counterfeit software is being advertised in its Adwords program and takes no effective steps to stop this illicit activity.”
The company said it would wait for the text of the decision before deciding whether to appeal to the US Court of Appeal for the Fourth Circuit.
