AA sues Google over use of AA's trademarks
Aug 17, 2007, 12:00 pm
#1
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AA sues Google over use of AA's trademarks
The case was filed yesterday afternoon in the Northern District of Texas. The case would be landmark if AA wins.
http://www.webpronews.com/topnews/20...oogle-to-court
http://www.webpronews.com/topnews/20...oogle-to-court
Aug 17, 2007, 12:48 pm
#2
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I don't get it... largest airline in the world, one of the few not to file for bancrupcy protection... do they really need to do this?
Aug 17, 2007, 12:49 pm
#3
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Whether they will win the case, however, is a different matter.
Mike
Aug 17, 2007, 1:08 pm
#4
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I agree with nako. Sometimes you gotta sue to protect trademarks.
My favorite part of the complaint is paragraph 58 on page 18-19 of the .pdf:
http://claranet.scu.edu/tempfiles/tm...ecomplaint.pdf
Google has an extensive policy limiting how advertisers can treat Google's marks, but doesn't impose the same limits on anyone else's marks.
My favorite part of the complaint is paragraph 58 on page 18-19 of the .pdf:
http://claranet.scu.edu/tempfiles/tm...ecomplaint.pdf
Google has an extensive policy limiting how advertisers can treat Google's marks, but doesn't impose the same limits on anyone else's marks.
Aug 17, 2007, 1:16 pm
#5
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How about the reverse? Google is one of the largest and profitable internet companies in the world ... do they really need to steal to make money?
Aug 17, 2007, 1:25 pm
#6
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Well... Google contacted me for a position they had been looking long and hard for then when they heard my salary requirements they backed off 
Maybe they do need to steal...
Maybe they do need to steal...
Aug 17, 2007, 1:36 pm
#7
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Google is essentially saying, "in response to your request, here are lots of links you'll find useful." Google is not stating or implying that the links are affiliated with any particular company, and is thus not creating any confusion about the source of anyone's goods or services.
Aug 17, 2007, 1:45 pm
#8
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AA is going to learn the meaning of a doctrine called "descriptive fair use." The only example given in the complaint was entering the term, "american airlines" as a search. This is not trademark infringement, e.g. I could run an ad that says, "Continental and Northwest are leading American airlines," without infringing any of AA's rights. This should be interesting.
Aug 17, 2007, 2:09 pm
#9
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But how does Google "treat" the AA mark? In response to a search request including the mark, Google puts out related hits. Anyone using Google understands that the hits may or may not have any connection to the mark. It's not like people are using Google because they can't find their way to www.aa.com or www.americanairlines.com.
Google is essentially saying, "in response to your request, here are lots of links you'll find useful." Google is not stating or implying that the links are affiliated with any particular company, and is thus not creating any confusion about the source of anyone's goods or services.
Google is essentially saying, "in response to your request, here are lots of links you'll find useful." Google is not stating or implying that the links are affiliated with any particular company, and is thus not creating any confusion about the source of anyone's goods or services.
Google should be allowed to profit (by way of my payments to Google) and I should be allowed to profit by directing potential clients away from your website? Sounds like the two of us are using your marks for our profit to your potential detriment. Just like AA's allegations.
Aug 17, 2007, 2:48 pm
#10
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Yep, but this claim seems quite broad and goes to the heart of Google's business model. If Google disagrees with AA's position, GOOG has the cash to make this an expensive proposition for AMR.
Aug 17, 2007, 2:50 pm
#11
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AA is going to learn the meaning of a doctrine called "descriptive fair use." The only example given in the complaint was entering the term, "american airlines" as a search. This is not trademark infringement, e.g. I could run an ad that says, "Continental and Northwest are leading American airlines," without infringing any of AA's rights. This should be interesting.
Aug 17, 2007, 6:30 pm
#13
Join Date: May 2000
Posts: 108
When I type American Airlines into Google search.....the colored bar across the top shows www.aa.com. This bar is a paid search area. Isn't this de facto acceptance of the process by American. They are suing Google for something that they have are already paying for.
Aug 17, 2007, 6:55 pm
#14
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Similar Lawsuits - American Blind and Wallpaper
How is the lawsuit different from the American Blind and Wallpaper suit? Quite a bit had been written on that suit. If memory serves me correctly, Google and American Blind and Wallpaper settled out of court.
Last edited by runarut; Aug 17, 2007 at 6:56 pm Reason: spelling
Aug 17, 2007, 7:10 pm
#15
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Some friends of mine (I'm an attorney) did win a suit a while back here in the Southern District of New York against several firms that were paying search engine companies for preferred placement ahead of their client, a well-known clothing company with a registered trademark.
I expect Google to get a royal ...-kicking.
I expect Google to get a royal ...-kicking.