Class Action TM and Anti-Cybersquatting Lawsuit Against Google & Domain Parkers

[Lidador]

According to Google, its Adsense program for domains "allows domain name registrars and large domain name holders to unlock the value in their parked page inventory."

After a ruling by the Northern District of Illinois a few weeks ago, Adsense may also allow plaintiffs' attorneys to unlock Google's value. Or, if that is ungenerous, the ruling may allow trademark holders to lock-up the value of their registered trademarks. It really depends on your perspective and how you feel about trademarks and domaining.

Vulcan Golf v. Google et al. is an important case because it's the first time (as far as I know) that trademark owners have tried to hold Google liable for domain-related conduct. Plaintiffs are taking what they learned in the keyword advertising context and applying it to domaining. Further, because the case is potentially a class action, there are mega bucks on the line. Think about it: anyone who's ever had her trademark infringed by a domainer using a parking company and Google Adsense could theoretically sign up to be a plaintiff.

The recent ruling paves the way for trademark holders to sue companies who provide advertising services, but neither own or register the offending domain name, to be held liable for trademark infringement and cybersquatting.

It was generally assumed that Google's highly talented and knowledgeable legal team would have gotten the case dismissed with aplomb. Surprisingly, however, the Judge recently ruled that the lawsuit can proceed.

Let's take a closer look, shall we?

http://www.seomoz.org/blog/class-act...s-gets-the-gre

[jacksonm]

Holy fuck. When the economy tanks, the companies try to survive via litigation. They know advertising dollars are going online, so this is a good target for them.

I think less and less about money from google, and more and more about affiliate marketing.

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