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Judge allows trademark infringement suit against Google to go forward

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    Judge allows trademark infringement suit against Google to go forward By Matthew Huisman The National Law Journal October 26, 2012 U.S. District
    Message 1 of 1 , Oct 26, 2012
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      Judge allows trademark infringement suit against Google to go forward
      By Matthew Huisman The National Law Journal October 26, 2012

      U.S. District Court Judge Ronald Lew



      A federal district judge in California has rejected a motion to dismiss in
      a trademark infringement suit against Google.

      The complaint, brought by CYBERsitter LLC, a company that makes a program
      that filters content on the Internet, alleges Google and a rival company
      used "a bait and switch strategy to confuse consumers into purchasing a
      competing product."

      The rival company, ContentWatch, produces a product called Net Nanny,
      which is similar to CYBERsitter. The case centers around the use of AdWords, a
      paid placement advertising service offered by Google that is tied to
      specific search terms. When specific keywords are entered into the search field,
      it yields a sponsored link which appears above the search results.
      According to the complaint, ContentWatch allegedly used AdWords placement of the
      search term CYBERsitter and the like to direct customers to its own product.

      "Defendant Google has willfully participated in, facilitated and
      encouraged these acts for its own financial gain," alleged the complaint filed in
      the Central District of California.

      In its motion to dismiss, Google attorneys wrote that the federal
      Communications Decency Act "protects service providers such as Google from
      liability for claims precisely like those alleged here, predicated upon publication
      of content created by third parties."

      But U.S. District Court Judge Ronald Lew disagreed. On October 24, Lew
      denied Google's motion to dismiss on the justification that the Ninth Circuit
      has clarified that if a service provider contributes to the development of
      illegal content, then it is not entitled to the immunity granted under the
      Communications Decency Act.

      "We are very pleased with Judge Lew's decision, which takes a significant
      step towards defining the scope and contours of CDA immunity with respect
      to Google and others," Gregory Fayer, founding partner of Fayer Gipson, said
      in a statement to The National Law Journal. "We look forward to moving
      ahead with the case, and ultimately vindicating our client's rights against
      these false and misleading ads that were facilitated and encouraged by
      Google's sale of the right to use CYBERsitter's trademarks without CYBERsitter's
      authorization."

      _Quinn Emanuel Urquhart & Sullivan_
      (http://www.americanlawyer.com/firmProfile.jsp?name=Quinn+Emanuel+Urquhart+&+Sullivan) partner Margaret Caruso,
      who repres ents Google, did not respond to a request for comment.

      Contact Matthew Huisman at _mhuisman@..._
      (javascript:location.href='mailto:'+String.fromCharCode(109,104,117,105,115,109,97,110,64,97,108,109,46,9
      9,111,109)+'?') .


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