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Rosetta Stone Sues Google For Trademark Violation
adeelarshad82 writes that earlier this week "Rosetta Stone, Inc. filed a lawsuit against Google Inc in a US federal court, alleging trademark infringement. In the lawsuit, the company alleged that Google is allowing third parties, including individuals involved in software piracy, to purchase the right to use its trademarks — or other 'confusingly similar' terms — in Google's Adwords advertising program."
In other news, Egyptians sue over confusion with ancient cultural artifact.
In a quick google search, 80% of the ads were either put there by Rosetta Stone themselves, or an affiliate of the company. They are still buying all the ad words, they were probably just upset that their cost of advertising went up suddenly when other people wanted those same words. I don't blame them, I would be upset too. Of course that doesn't mean they should get their way......
I have no idea whether what they are doing is legal or not, and I'll bet there has never been a court case like this ever, nor is there a law that covers it directly.
Qxe4
In Norway someone trademarked the name "Ida" and a drawing of the now famous fossil. They sell suitcases. The problem with this is that the museum that's is in possession of the fossil can't market it self using the name and picture of the thing...
That's just not right...
So? A trademarks doesn't give the holder any control over a word. I can say "Linux is better than Windows", and there's nothing MS can do about it. I can even bid on "Windows" as a search term, and say "Looking for Windows? Get Linux, it's better."
Trademark is intended solely to stop one company from representing its products as being another company's products. If a company doesn't pretend they're SELLING Rosetta Stone products, there should be no problem referencing their competitor... and that's GOOD.
The problem isn't competitors. The problem is fraud.
Then have you sued the people committing the fraud? Are you alleging Google is committing a trademark violation by running ads from other companies? The courts have already decided on that one for all other mediums. Go after the company placing the ad. You can even subpoena the records of who they are from Google.
We occasionally see ads on Google that are specifically designed to look like they are from us, using our exact name.
So what, I see people trying to run all sorts of scams over the internet. I don't sue the company hosting their page. I don't sue craigslist if someone tries to use their service to commit a crime. You sue the criminal, not the company being used just because they happen to have more money.