Intellectual Property Law

Western District Trademark Case Among Eight Nationwide Against Google

By Michael Atkins

Eric Goldman reported a while back that a Western District case is one of eight currently pending against Google, Inc., for trademark infringement. In Soaring Helmet Corp. v. Bill Me, Inc., Soaring Helmet alleges that competing motorcycle helmet seller Bill Me, Inc., d/b/a Leatherup.com, purchased plaintiff’s VEGA trademark as a keyword from Google. When a person searches Google for “VEGA helmets,” the complaint states, Google returns a sponsored link stating that Bill Me offers “50% off Vega Helmets,” even though Bill Me does not sell plaintiff’s VEGA helmets.

Plaintiff claims this amounts to contributory trademark infringement. “Defendant Google, through its keyword advertising program, contributes to the aforementioned trademark infringement by knowingly encouraging advertisers to use Soaring Helmet’s Mark in false and misleading advertisements that have caused, and is likely to cause confusion, mistake, or deception of consumers, to the detriment of Soaring Helmet.”

Says Prof. Goldman: “…Google treated Soaring Helmet’s initial cease-and-desist letter as a trademark opt-out and blocked subsequent references to Vega in Leatherup.com’s ad copy. Thus, unless Soaring Helmet seeks to reach back to the ads displayed before its C&D, it appears Soaring Helmet is trying to hold both Google and Leatherup.com [liable] simply for showing ads triggered by Soaring Helmet’s “Vega” trademark.”

Neither defendant has answered the complaint, which plaintiff amended yesterday to identify Bill Me with more particularity. 

The case cite is Soaring Helmet Corp. v. Bill Me, Inc., No. 09-789 (W.D. Wash.).

Full post as published by Seattle Trademark Lawyer on July 29, 2009 (boomark / email).