American isn't thrilled that competitors
and travel sites can bid on its company
name as a keyword. Though the competitor-keyword
argument has been made before, this
may be a first where the plaintiff cites
online retailers selling competitor
wares.
It would appear, if the suit were successful,
Coke could sue television stations advertising
that 7-11 sells Pepsi too.
American complains that competitor
keyword bidding and the ad display associated
with the keywords are tantamount to
getting a "free ride on American
Airlines' brands through use of Google's
technology," and that Google is
guilty of "vicarious trademark
infringement."
In the 55-page complaint, American
asserts that "Google's 'Sponsored
Links' may instead redirect [searchers]
to: (i) websites of airlines that compete
with American Airlines; (ii) websites
that sell air travel not only on American
Airlines, but also on a variety of airlines
that compete with American Airlines;
or (iii) websites that are entirely
unrelated air travel."
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