October 25, 2007
Google's Motion to Dismiss American Airlines' Lawsuit Denied
By Eric Goldman
American Airlines, Inc. v. Google, Inc., 4:07-cv-00487 (N.D. Tex. Oct. 24, 2007)
In an uninsightful one-page order, the court has denied Google's motion to dismiss American Airlines' lawsuit over Google's keyword advertising sales. Because the judge reveals nothing about his thinking, it's impossible to make any inferences about the long-term disposition of the lawsuit. If, in fact, Google ultimately wins this case, then the court's decision not to knock out the case early will result in a lot of wasted time and money for everyone. For that reason, I favor a categorical declaration that keyword triggering does not constitute a trademark use in commerce--a legal standard that would support a 12b6 motion and channel society's resources into more productive endeavors. I explain that argument in more detail here.
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