Will Decision Affect Google AdWords?
Though Google was not a party to this dispute, the decision could have potentially significant implications for Google’s business practice of selling sponsored links keyed to certain terms searched by the user. In a related case, Google is seeking a declaratory judgment in a California district court that its sale of advertising links that appear on a search page in response to a user’s query for certain descriptive terms does not infringe a trademark owner’s rights in marks comprised of those descriptive terms (Google Inc. v. American Blind & Wallpaper Factory Inc.,N.D. Cal., C-030-5340, complaint filed 11/26/03). Barry G. Felder of Brown Raysman Millstein Felder & Steiner LLP of Los Angeles represented Playboy. Jeffrey K. Riffer of Jeffer, Mangels, Butler & Marmaro LLP of Los Angeles represented Netscape.