Google Inc.(NASDAQ:GOOG) can get a break sometimes.
In this case, a court judge agreed with Google that it can't be held liable for allowing competitors of any company to purchase keyword advertising that uses competitive trade dress and actual company names and related words in order to draw customers. In other words, if Ford used "Chevy" in the keywords it purchased at Google's AdWords program, Google could not be held liable.
This is the age-old dilemma of holding/not holding the company accountable for apparent misdeeds and copyright violations perpetrated by many companies. Just like what eBay continues to see -- sellers using copyrights and other protected information to sell their wares against the competition -- Google has seen and will continue to see the same types of things.
But, when do companies become responsible for the content purchased, displayed or advertised on their networks? Google and eBay Inc. (NASDAQ:EBAY) both make it clear that parties using their networks are responsible for their own content. Otherwise, both companies could not hope to police and control the rampant amount of copyright violation happening all over each company's respective properties.
Just like a P2P network that is used for trading data over the Internet. Those networks can be used for any type of information, yet some courts want to shut down services because the possibility of trading copyrighted information exists. What about legitimate data transfer?
There is no easy solution here -- except for companies going after competitors illegally using trade dress to take sales away. But can the "messenger" be responsible? An intellectual property attorney or patent/copyright attorney can cite examples here most likely. I'd love to hear them.
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Reader Comments (Page 1 of 1)
10-02-2006 @ 2:10PM
Gary E. Sattler said...
I'm no trade mark attorney but wouldn't you need to have permission to use a trademark character in the promotion of an auction item?
Assuming that eBay is in touch with their "venue", and assuming they would be interested in the number one viewed auction on their site at any given moment, and assuming they know about trademark infringement, one can only draw the conclusion that they are APPROVING of the unliscensed use of a trademark character to promote the number one viewed auction on their site at this moment. If that was to happen, that is... and if SOMEONE happened to report it last night.
Wouldn't eBay have some responsibility for that?
But what do I know... I'm not a copyright attorney.
Perhaps someone should call General Mills and ask if it's okay. (wink)
Tell 'em Gary sent ya.
10-02-2006 @ 6:19PM
OneStock said...
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10-02-2006 @ 5:48PM
Mike said...
Well, since Rescucom's complaint against Google was dismissed, when this case gets heard on appeal, if it gets heard on appeal, it will be reviewed de novo. That means that the Court of Appeals owes no defference to the trial court. This means that Recuecom will get a fresh bite from the apple.
I wonder if an appellate court will consider deciding the issue differently...oh wait, I'm not a judge...so I guess we will have to wait for a while to find out the result.
You don't honestly believe that Rescuecom is not going to appeal this do you. If this were reviewed under a clearly erronious standard, or an abuse of discretion standard, well it would be a little more difficult.
But something tells me that since Rescuecom has nothing to lose by appealing, we will hear about this case again. And well, by the time an appeal gets heard, Google may not be the only Internet corporation under legal fire.
Gary check entry #95 from the last big thread.
10-03-2006 @ 10:08AM
Mike said...
Look at Paypal's new add
*****************************************************
Get your PayPal Plus Credit Card before
October 31, 2006, and you can
* Give yourself 3 months to pay and
* Pay no interest (if paid in 3 months)
on your first eBay purchase over $20.
Apply now and get a decision in 30 seconds!
*****************************************************
Ebay can take this and shove it. They want you, the consumer, to go spend a bunch of money. I liked this add so much, that I just closed my Paypal account. Now that my Sept. interest payment just landed in my bricks and mortar bank account, I will give no more money to Ebay until this is settled.
Let's hit them where it hurts...in the wallet.
P.S. anybody know how to close an Ebay account? Its a little more difficult.
My September interest payment from Paypal just landed
10-03-2006 @ 10:29AM
Mike said...
You think the law isn't coming,
THIS IS ON CNN'S HOME PAGE
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Coach sues Target for $1M
Manufacturer of luxury fashion handbags claims the No. 2 discounter sold a phony Coach bag in one of its Florida stores.
October 3 2006: 9:04 AM EDT
NEW YORK (CNNMoney.com) -- Luxury handbag maker Coach is suing Target Corp., alleging that the discounter sold what it believes is a counterfeit Coach bag in at least one of its stores.
The lawsuit, which was filed in federal court in Manhattan on Friday, said the bag imitated the the signature "C" logo of a genuine Coach (Charts) bag and copied other features such as the "Coach" tag.
coah_handbad.jpg
The phony Coach bag sold in a Target store bears the signature "C" logo and other characteristics found in the authentic version. Coach no longer carries the bag for sale, according to a published report.
Video More video
Two retailers may be headed to court over a handbag. CNN's Andy Serwer is 'Minding Your Business.' (October 3)
Play video
The suit claims the bag in question was bought from a Target (Charts) store in Largo, Fla., and appears to be an "exact replica of a genuine Coach handbag."
Target, the No. 2 discounter after Wal-Mart (Charts), responded in the filing that it believed the bag was a genuine Coach product.
According to court documents, Coach is seeking $1 million in compensation from Target for alleged trademark infringement.
Coach and Target could not immediately be reached for comment.
Coach's lawsuit comes a few months after another luxury handbag maker, Fendi, sued Wal-Mart of selling knock-offs of its pricey handbags at its Sam's Club warehouse stores.
The suit claims Wal-Mart does not have a purchasing agreement with Fendi or anyone affiliated with the company. Fendi also claimed that Wal-Mart never sought trademark identification.
Wal-Mart has denied the allegation and said the items are authentic.
10-03-2006 @ 10:46AM
Mike said...
I wonder if the claims against Target and Walmart could have an impact on Ebay and other internet companies. I guess we will have to wait a while to find out.
In the meantime, I suggest the author of this thread go do some real investigative journalism. THE LAW IS COMING.
Only 16 more days until Ebay's earnings reports come out on October 19 after the bell. Anybody wanna guess what may start finally getting reported by the media at that time. Now go out there and spread the word.
Ah' I've head enough, I've got to go do some reading for my Corporations class. Peace.
10-03-2006 @ 11:05AM
Mike said...
LOOK AT THIS.
Rather than searching on Ebay's website for how to close my account, this is what I did.
I typed into a Yahoo search "how to close an Ebay account," and this is what I get back.
WHAT A JOKE.
*****************************************************
eBay Auctions – Reference and Guidance
Before choosing to close your eBay account, eBay encourages you to contact them to see if any problems that you might have encountered can be resolved. You can get in touch with eBay through their Help Page entitled “closing your eBay account” – if you follow this link, you’ll get to the eBay UK website.
If you decide to go ahead with closing your account, you’ll need to submit a formal “request to close” using the My Messages page to contact Customer Support at eBay. You’ll find an email template addressed to eBay Customer Support with the “From” address already filled out with your eBay ID and the Subject: Account Closure Request. Just fill in the message box with your account closure request.
There are a few things to note:-
* There is a 180 day waiting period before your account is closed if you have recently listed an item for sale or placed a bid. During this period, you are not allowed to bid on any items, or to sell anything, or to change contact information.
* At the end of the 180 day waiting period, eBay will send you an email with confirmation of account closure.
* You will still be able to access the eBay site and view items (with some restrictions), but your feedback will be removed and, of course, you will not be able to buy or sell items.
* You need to settle any outstanding amounts on your eBay account before closure.
* Feedback that you have previously left for other members will remain, but a note that your ID is no longer a registered user will be placed next to your feedback.
If your reason for wishing to close your account with eBay is related to your user ID being no longer relevant to the items you are selling, there is a facility to change this to something more suitable. Also, some members set up two accounts – perhaps one for buying and one for selling. You don’t need to close one of these if it’s no longer useful, you can merge the accounts and retain all of your feedback.
*****************************************************
Well, rather than closing my account, I'll just have to contact my credit card company and change my credit card number. That will solve the problem, I am worried about, possible disclosure of my financial information.
GO DO SOME INVESTIGATIVE JOURNALISM. DO IT NOW.
That's it, for now.
10-03-2006 @ 11:26AM
Mike said...
Here is another article from CNN Money. I'LL REPEAT, THE LAW IS COMING. Now go do some investigative journalism.
*******************************************************
Microsoft appeals $356M antitrust fine
Software giant fights decision that it defied 2004 antitrust ruling, says it hasn't dragged its feet on compliance.
October 3 2006: 7:08 AM EDT
BRUSSELS (Reuters) -- Software giant Microsoft has filed an appeal against a €280.5 million ($356.4 million) fine the European Commission imposed in July, holding it defied a 2004 antitrust ruling.
"As Microsoft said in July, we would appeal the fines imposed on the company at that time. The deadline for the appeal was October 2," a Microsoft spokesman said Tuesday.
TECHNOLOGY
The appeal was lodged with the Court of First Instance in Luxembourg, the second-highest European Union court. Microsoft says it has been trying to comply with the 2004 decision but the Commission said the company has dragged its feet.
The €280.5 million fine was on top of a record fine of €497 million the Commission imposed in its landmark antitrust decision against the U.S. software giant in March 2004.
Microsoft also appealed the 2004 decision to the Court of First Instance. The court is expected to rule late this year or next year in the main case.
Microsoft (Charts) stock edged higher Tuesday on the Nasdaq exchange, while rivals Google (Charts) and Oracle (Charts) edged lower.
10-03-2006 @ 11:33AM
Mike said...
One last comment for the author of this thread.
Gary and I threw you a big bone. With the assistance of the other bloggers, we all brought this to light on blogging stocks on the last business day of the third quarter.
Let me repeat, the last business day of the third quarter. Ebay has been found out.
Now go do something about it. I have exercised my civic duty. Out of respect, I am asking you to please do the same.
Peace.
10-03-2006 @ 12:39PM
Gary E. Sattler said...
A BIG THANK YOU! For Mike and OneStock.Blogspot
Yes, this trademark/copyright issue is not nearly dead.
The one thing that PISSES ME OFF is that my Google guys didn't take the high road and just go ahead and set the standard where it's going to end up anyway.
If you don't think that American corporations are going to fight tooth and nail for the protection of their advertising icons, well,
I just don't know what to tell you.
Film at 11:00