Since it changed one of its trademark policies for AdWords, Google had earned nine lawsuits concerning patent infringement from various companies. Now, Google is facing yet again, a new lawsuit this time from Rosetta Stone, a language-learning software firm. Rosetta Stone filed a legal complaint against Google for allegedly allowing companies to use Rosetta Stone’s patented brands when serving online ads.
The lawsuit is asking Google to stop allowing other companies to use its trademark when selling ads related to online searches. These companies, according to the lawsuit include competitors of Rosetta Stone.
Rosetta claims ownership of these trademarks and said that the company has invested substantial money in building up its brand’s popularity, name recognition and brand loyalty. And so, it is but natural for the company to protect its interest. Rosetta Stone’s lawsuit also alleged that Google’s AdWords Program has been using keywords relating to their trademark, which when used on online ads does not include a link to Rosetta Stone but instead points to the companies’ who employed Google’s AdWords program.
This practice is misleading to users and when Google displays the ads of other companies, users led into thinking that they will be brought to Rosetta Stone’s site but instead those links point to rival sites.
Among the Rosetta trademarks which Google is allegedly using for Google AdWords serving are “Rosetta Stone,” “global traveler,” “language library,” and “dynamic immersion.”
The lawsuit has not received any reaction from Google’s camp yet. However, some trademark law experts said that whether Google has infringed on Rosetta Stone’s intellectual property rights or not, the question that should be asked is whether users were actually misled by Google’s practice.
