Another Trademark Owner Apparently Gives Up Lawsuit Against Google–Parts Geek v. US Auto Parts
By Eric Goldman
Parts Geek LLC v. U.S. Auto Parts Network, Inc., 5:10-cv-01713-JF (N.D. Cal. voluntary dismissal May 5, 2010)
In April, Google successfully transferred the Parts Geek keyword advertising lawsuit from New Jersey to its home court in Northern California. Then, in an abandonment reminiscent of Rescuecom’s, Parts Geek quietly dropped the lawsuit last month against both US Auto Parts and Google. It’s not clear if the venue transfer was fatal to the case, but it certainly didn’t help Parts Geek’s cause. There was an interesting competitive website scraping issue in the case as well; the dismissal means we won’t learn more about the legality of that, either.
I have been waiting to blog on Google’s successful dismissal of the Rosetta Stone case until I see the written opinion. That, plus this voluntary dismissal, means that Google has successfully whittled its docket of over a dozen trademark challenges to its AdWords program down to 6. Google has several nice intermediate wins with some of those other cases, including its venue transfer in the Flowbee case and its partial elimination of the Jurin case. After we see the Rosetta Stone written opinion, the remaining cases may be substantially undercut further.
The roster of pending AdWords cases (I most recently thoroughly double-checked the status of these cases on June 6, 2010):
* John Beck Amazing Profits v. Google
and the companion Google v. John Beck Amazing Profits
Jurin v. Google 1.0 (voluntarily dismissed), succeeded by Jurin v. Google 2.0