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Growing Number of Lawsuits Could Hurt Google's Ad Revenue
From: David Farber <dave () farber net>
Date: Sun, 27 Mar 2005 17:33:33 -0500
http://www.nytimes.com/2005/03/27/technology/27cnd-google.html March 27, 2005 Growing Number of Lawsuits Could Hurt Google's Ad Revenue By DOREEN CARVAJAL, International Herald Tribune ARIS, March 27 - Fabrice Dariot's travel agency, Bourse des Vols, boasts a terrace lined with potted plants and sweeping views of 17th-century apartments in the center of the city. The compact fifth-floor office is an unlikely front line for a battle of words with the online search engine Google - or "Omnigoogle," as some French critics scornfully call the giant company. Mr. Dariot, a mathematician turned Internet entrepreneur, is an even more unlikely standard-bearer for a series of proliferating lawsuits and legal disputes that challenge Google's sacrosanct business routines. "Google is a giant, but they cannot dictate the law," said Mr. Dariot, 41, a chief executive in a casual sweater and denim who took on the international company with some inspiration, he said, from independent French icons like Joan of Arc who were not afraid to challenge authority. This month, Mr. Dariot triumphed in his year-and-a-half-old lawsuit against Google's French subsidiary, which has been ordered to pay him $97,000 in fines and legal costs. Dariot and his travel companies, Luteciel and Viaticum, successfully challenged Google's practice of selling Internet advertising from rivals designed to appear with Web searches for his trademarked Web site name, Bourse des Vols, which means flight exchange. Keyword advertising, as it is known, is the main source of revenue for Google, which posted $3.19 billion in sales in 2004, largely through charges of a few cents each time a user clicks on an ad. The growing number of lawsuits against Google around the world could diminish that advertising revenue by reducing the number of search words that could be sold to competitors - a threat to Google's business model that the company has acknowledged in regulatory filings. Mr. Dariot's company is one of the first to win against Google; similar cases in the United States and Germany that challenged the search engine's use of keywords have failed. But more companies are piling on. France is home to as many as 15 cases, according to lawyers involved. Elsewhere, other companies are pressing Google with varying results on different legal points. The Associated Press in New York and Kyodo News Agency in Tokyo have been negotiating with Google in connection with what they contend is its unauthorized use of material from the two news services. Agence France-Presse, which had been talking to Google for almost six months in the same kind of dispute, sued the search engine in France in February and in the United States this month for $17.5 million in damages. "The core issue is the same," said Joshua Kaufman, A.F.P.'s lawyer in Washington. "Google is using A.F.P. pictures and stories without authorization in violation of copyright." The keyword lawsuits have been filed by companies ranging from the hotel chain Accor to LVMH Moët Hennessy Louis Vuitton, the luxury goods manufacturer, which in February won its case. Keyword advertising is particularly sensitive for luxury retailers because manufacturers of knockoffs and counterfeits could advertise alongside trademarked names. That has quietly changed in France, where rival advertising has been eliminated on Google's French Web site next to search results for prominent brand perfumes like Dior or Chanel. Yet similar advertising still surfaces with the same brand names on Google's Web sites in Britain and Germany. Asked about those international differences in advertising from rivals, Google's spokeswoman in France, Myriam Boublil, said: "I can't really get into technical specifics. What I can tell you is that it was necessary to take down when a trademark issue is raised in France. Companies get back to us and let us know, and then we take it down." She said that it was likely that companies had raised the trademark issue in some countries but not others. Google itself is keenly aware of the perils of its keywords policy, which took effect in the spring of 2004 in the United States and Canada. Basically, Google abandoned its policy of screening for trademarks when companies choose keywords for its popular advertising program, a gamble that could increase revenue but, as the company acknowledged, could also create legal problems. According to Google's Web site: "When we receive a complaint from a trademark owner, we will only investigate whether the advertisements at issue are using the trademarked term in ad text. If they are, we will require the advertiser to remove the trademarked term from the text of the ad and prevent the advertiser from using the trademarked term in ad text in the future." In Mr. Dariot's case, that meant that if users searched for his trademarked name, "Bourse des Vols," rival advertising would emerge alongside the name of his Web site. In a Google filing with the United States Securities and Exchange Commission, the company admitted that the new policy could lead to more legal attacks. "Adverse results in these lawsuits," it said, "may result in, or even compel, a change in this practice, which could result in a loss of revenue for us, which could harm our business." <snip> ------------------------------------- You are subscribed as lists-ip () insecure org To manage your subscription, go to http://v2.listbox.com/member/?listname=ip Archives at: http://www.interesting-people.org/archives/interesting-people/
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- Growing Number of Lawsuits Could Hurt Google's Ad Revenue David Farber (Mar 27)