September 11, 2010
Google Gets Good Results in Three AdWords Trademark Cases (Jurin, Flowbee, Dazzlesmile)
By Eric Goldman
Jurin v. Google, 2010 WL 3521955 (E.D. Cal. Sept. 8, 2010)
Jurin is one of the multitudinous trademark owners objecting to Google's AdWords program. Echoing a prior ruling, the court has rejected Jurin's claims for false designation of origin and false advertising on a 12(b)(6) motion to dismiss. The court also rejected Jurin's claim of contract breach (based on Google allegedly failing to follow its trademark takedown policy) because Google never made the promises that Jurin asserts. The court gives Jurin another chance to file a second amended complaint, so I'm counting this as a pending lawsuit. However, Jurin has no chance of winning, and I wonder if he will get hit with an attorneys fee award again if he continues his futile quest.
Separately, last month, Google resolved the Dazzlesmile and Flowbee trademark cases over AdWords. See the Dazzlesmile stipulation of dismissal and Flowbee stipulation of dismissal. I couldn't easily find any public announcements about either case, but both appear to be settlements.
With these two dismissals, Google has whittled its portfolio of pending AdWords trademark lawsuits down to three from a high of twelve. (I'm not counting the Rosetta Stone case, which is on appeal after Google's remarkable win).
The roster of pending AdWords cases (I most recently double-checked the pending cases on September 11, 2010):
Ezzo v. Google
Rescuecom v. Google
* FPX v. Google
* John Beck Amazing Profits v. Google
and the companion Google v. John Beck Amazing Profits
Stratton Faxon v. Google
Soaring Helmet v. Bill Me
Ascentive v. Google
Jurin v. Google 1.0 (voluntarily dismissed), succeeded by Jurin v. Google 2.0
Rosetta Stone v. Google [on appeal]
Flowbee v. Google
Parts Geek v. US Auto Parts
Dazzlesmile v. Epic
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