Legal News

Appeals Court Revives Rosetta Stone’s Case against Google
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading...

On Monday, a federal appeals court revived the major portion of Rosetta Stone Inc’s trademark infringement lawsuit against Google Inc. The lawsuit and its ultimate decision can have far ranging implications as the case revolves around Google’s sale of adwords containing the trademarked name of Rosetta Stone. If the claims of Rosetta are found to be justified, then it can open a floodgate of actions against Google considering it has been its long practice to sell keywords with a combination trademarked by other companies.

While in 2010, a Virginia district court had dismissed the case holding that the sale of keywords was not likely to confuse consumers and trademark infringement did not apply, on Monday, the U.S. Court of Appeals for the 4th Circuit overturned much of the dismissal and revived the claims that Google was committing direct trademark infringement by diluting the Rosetta Stone brand.

The court mentioned “A reasonable trier of fact could find that Google intended to cause confusion in that it acted with the knowledge that confusion was very likely to result from its use of the marks.”

  
What
Where


Rosetta Stone claims that Google profited by allowing the rivals of Rosetta Stone to purchase trademarked keywords that generated links to rival sites when used for internet search. By allowing advertisers to by “sponsored links” on the search results page, Google ensured that people searching for “Rosetta Stone” ended up being redirected to competitors.

The language-software maker presented the depositions and testimonies of five consumers who attempted to buy bogus Rosetta Stone software after Google started allowing the use of trademarks in the text of sponsored links.

The three judge panel of the 4th Circuit Appeals Court also cited an internal Google study that found even sophisticated consumers were sometimes unaware that sponsored links were advertisements.

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!




The appeals court also reinstated the trademark dilution claims against Google and directed the lower court to reconsider when Google first started its alleged dilution, and whether the trademark of “Rosetta Stone” Inc was famous at that time.

If that is the case, then the scene is getting vicious against Google indeed, for Google started the practice of selling keyword combinations of trademarks owned by other companies in 2009, and at that time, indisputably, Rosetta Stone was already known as one of the world’s leading language-software developers.



The case is Rosetta Stone Ltd v. Google Inc, U.S. Court of Appeals for the 4th Circuit, No. 10-2007.



 

Interesting Legal Sites You May Like


BCG FEATURED JOB

Locations:

Keyword:



Search Now

Mid-level Litigation Attorney with motions experience

USA-WA-Seattle

Seattle office of our client seeks mid-level litigation attorney with 3-5 years of experience, inclu...

Apply Now

Environmental /Land Use Attorney with 2-3 years of experience

USA-CA-San Francisco

San Francisco office of our client seeks environmental /land use attorney with 2-3 years of experien...

Apply Now

Litigation Attorney with 2-5 years of insurance defense experience

USA-FL-Jacksonville

Jacksonville office of our client seeks litigation attorney with 2-5 years of previous insurance def...

Apply Now

Tax Associate with Real Estate / Capital Markets Experience

USA-IL-Chicago

Chicago office is seeking a tax attorney with 3-5 years of experience. Significant experience in rea...

Apply Now

RELEVANT JOBS

Research Briefing Attorney

USA-TX-The Woodlands

Boutique Plaintiff’s Law firm located in The Woodlands, Texas is seeking a 3-6 year case resea...

Apply now

Litigation Attorney

USA-TX-The Woodlands

Boutique Plaintiff’s Law firm located in The Woodlands, Texas is seeking a 6–10 year lit...

Apply now

IP Paralegal

USA-TX-Austin

Responsibilities include preparing and filing a variety of documents with USPTO including patent app...

Apply now

Executive Legal Assistant

USA-CA-Long Beach

JOB SUMMARY: Reporting to Managing Partner, the Executive Assistant provides executive support an...

Apply now

Most Popular

SEARCH IN ARCHIVE

To Top