May 18, 2009 by Robert Tharp at 4:36:38 pm
A small, Texas-based software company that does business as FirePond has filed an ambitious class-action suit, taking on Internet behemoth Google for its practice of
![]() |
selling trademarked words and phrases through it pay-per-click AdWords service. The suit charges that Google infringed on its trademark by allowing competitors to purchase the word "FirePond," which effectively drives potential customers to competitors' services. While individual companies like American Airlines and Geico have filed similar complaints, Trademark attorney Dyan House of Dallas' Munck Carter says this litigation stands out because it attempts to gain class-action status. "Potentially, that makes it a much bigger case, but I doubt the court is going to certify this as a class," Ms. House says. "Still, the underlying issue of whether an enterprise's trademarks can be sold by another as an Internet search keyword that links to competitors is commercially very important."
A second, similar class-action was filed Monday, Online Media Daily reports. To interview Ms. House about trademark infringement issues, contact Mark Annick at 800-559-4534 or mark@androvett.com.
Law Firm News
Legal News
New Media
Miscellaneous
FrontBurner
Tex Parte Blog
WSJ Law Blog
Dallas Blog
Androvett Legal Media and Marketing
