Constant's pations

If it's more than 30 minutes old, it's not news. It's a blog.

Friday, October 08, 2004

Trademarks in search engines -- lawyers, what are the excuses this time?

Hay lawyers, why isn't this organization resolving these issues? All that time and money spent to advoate and develop this organization, but we have inconistent application of the standards around the globe.

Inconsistent application of standards, and weak governing bodies tend to dissuade confidence in the regulatory systems. This includes court officers and their ability to come to an agreement.

Translatoin: If lawyers want to command "high fees" for their services, we need to see some results, not excuses for this free for all.


Use of trademark names in search engines that permit public to see other advertising names.


Germany sees no problem.

Computer repair firm brings suit.

France fines google over issue: French law ...
"prohibits, in the absence of authorization of its owner, the use of a trademark for products or services identical to those indicated in the recording" ref


Review No. 1:04cv507, U.S. District Court Judge Leonie M. Brinkema Caselaw analysis.

Counter-argument: "If they won't let their name be used in association with a product, there's no reason to let the search engine connect to them in the first place." We'll have to see how the court rules.

Case: Insurance Company v. Search Engine
[May 2004, U.S. District Court for the Eastern District of Virginia]

arguments which failed to generate summary judgement; 18/88 review, Archive.