Wednesday, October 22, 2008

American Airlines Pursues Another Trademark Infringement Lawsuit Over Keywords

Eric Goldman writes on his Technology & Marketing Law Blog about the new lawsuit filed by American Airlines against Yahoo! And Overture (dba Yahoo Marketing Services) over “keyword” advertising. See American Airlines, Inc. v. Yahoo! Inc. et al, Case No. 08-00626 (N.D. Tex. Filed October 17, 2008). A copy of the complaint can be downloaded here.

When AA filed a similar lawsuit against Google last year (previously blogged here, here, and here), many trademark law spectators watched the legal wrangling with anticipation that it could result in a definitive legal decision on whether the sale of trademarks as keywords constitutes trademark infringement (whether direct, vicarious, or contributory infringement). Alas, the lawsuit between AA and Google settled under under confidential terms (blogged here).
Now with this new lawsuit by AA, does anybody really expect it to end any differently than the suit between AA and Google?

I guess AA’s motive for settling with Google wasn’t the growing financial troubles faced by the airlines in this faltering economy after all.

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