Daniel D. Covington is active in business and commercial law, litigating civil matters, estate and business planning, oil and gas, real estate, and advocating for creditors in bankruptcy proceedings.
Kansas Business Attorney
American Airlines vs Google (Galaxy vs Red Bulls)
From AP online,
DALLAS - American Airlines is suing Google Inc. over the Internet company’s sale of keywords ads for rivals triggered by its own trademarks.
American filed a lawsuit Thursday in U.S. District Court in Fort Worth seeking unspecified damages.
A Google visitor who enters certain words or phrases that American trademarked - for example, Aadvantage, the name of its frequent-flier program - will get links to American’s Web site but also its rivals under “sponsored links” - targeted ads that appear alongside the regular search results.
Google makes most of its money from such keyword ads.
So, do internet shopping sites subject themselves to liability when they suggest to buyers that “those who bought Widget X, also bought Widget Y”?
Better yet, perhaps the L.A. Galaxy could sue the N.Y. Red Bulls on a similar theory. Here’s how the idea goes: last night, Giant Stadiums (and the Red Bulls) enjoyed nearly 55,000 additional ticket sales above their average — no doubt attributable to the appearance (and start) of David Beckham; did not the Red Bulls exploit — become unlawfully enriched — by the Galaxy’s renowned million-dollar-a-week hire of Beckham. Maybe the attorneys for American Airlines (assuming they are outside counsel) would take on the cause.
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