more on New Internet free speech case

[David Farber <dave () farber net>]

Begin forwarded message:

From: Chris Savage <chris.savage () crblaw com>
Date: July 30, 2004 2:05:51 PM EDT
To: "dave () farber net" <dave () farber net>
Subject: RE: [IP] New Internet free speech case

> -----Original Message-----
> From: David Farber [mailto:dave () farber net]
> Sent: Friday, July 30, 2004 1:19 PM
> To: Ip
> Subject: [IP] New Internet free speech case
<snip>

> > But our concern is with the impact on the general public of GEICO's
expansive trademark theories, which take laws designed to produce truth
in commercial advertising and promotion, and turn them on their head to
suppress truthful advertising in which one company seeks to take
business away from another company by targeting its ads at the first
company's potential customers and persuading them that the second
company has a better or cheaper product to offer.<<

Dave, FWIW, this is something that my local Safeway does (or did).  When
the register notes that I have bought (say) "Fancy Feast" cat food, it
will generate a little coupon for my next visit for "Purina" cat food.
Or when it notes that I have bought "Dow" bathroom cleaner, it prints
out a little coupon for "Lysol" bathroom cleaner.  Direct counter-brand
promotion.  Being slavishly loyal to my brands, I noted this, but never
actually cared or changed my behavior, but presumably the theory was
that some less slavish individual might respond.

If Safeway can take its (lawfully acquired) knowledge of a brand I just
bought to give me a push in the direction of another brand, why can't
Google (etc.) take its (lawfully acquired) knowledge of a brand I want
information about to give me a push in the direction of another brand?

Chris S.

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