ATLANTA (Legal Newsline) – Accused of racketeering, Google’s arguments that its keyword advertising is on the level is finding favor with judges in Georgia.
Edible IP lost a Georgia Court of Appeals ruling on Jan. 29 in its effort to hold Google accountable for allegedly selling search optimization results for the keywords “edible arrangements.” The decision affirms a trial court that dismissed the lawsuit and sent the parties to arbitration.
Google can’t do this, Edible says, because it owns the trademark to that name. Its lawsuit alleges theft, conversion and violations of the civil Racketeer Influenced and Corrupt Organizations Act.
But courts have found one of Edible’s affiliates accepted the terms and conditions of Google’s advertising program, which contained an arbitration clause. Judge Amanda Mercier also wrote that Edible’s allegations aren’t good enough.
“Google has not taken Edible IP’s trade name or sold it for profit. Rather, Google has auctioned off the opportunity to advertise on the results page produced when an individual types the keyword phrase ‘Edible Arrangements’ into the Google search bar,” she wrote.
“Creative pleading cannot convert Google’s advertising program into a theft by taking. Edible IP has not alleged that it has a proprietary interest in Google’s search results pages or any right to control the advertising on those pages.
It claims only that it owns the intellectual property associated with ‘Edible Arrangements.’ The alleged ‘sale’ of that term for advertising placement does not constitute theft. To find otherwise would improperly broaden criminal liability.”