Wednesday, November 30, 2011

GOOGLE VS GEICO

In 2005 GEICO sued Google and Overture (Yahoo) to leave the advertisers to use its trademark as a keyword, in the case of an agreement reached Overture, but Google decided to continue the litigation without possibility of reaching an agreement. The dispute verse in which the District Judge Leonie Brinkema of the Eastern Virginia decided to use the trademark in keywords GEICO did not violate the law and use the marks in the texts of the advertisers if it was, the argument was that advertisers GEICO texts used with a significant degree of confusion for the consumers, which tried to prove with testimony from college, but the judge was not enough. The judge noted that the application was misconceived by the legal representatives of GEICO, as the demand should be seen in the use of trademarks in keywords and not on the degree of confusion in the text of the advertisers, for this reason he was careful in issuing its resolution clarifying that the judicial decision should only be applied specifically to the case vs. GEICO Google and not a precedent. Notwithstanding the foregoing, the Court clarified that GEICO had shown sufficient evidence that the use of the mark on the content of the ads or in the header to Google blamed the misuse of the trademark, Google for meanwhile announced it had won the legal battle against Geico, but was finally resolved by a confidentiality agreement, which does not know the terms.

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