Court OKs Search Marketing Lawsuit In Kentucky

  • February 11, 2008
Another search marketing lawsuit got the green light from a court, as a federal judge in Kentucky refused to dismiss a case charging one company with using another's trademark to trigger paid search ads.

In his decision, quietly entered late last month, Judge Danny C. Reeves held that the plaintiffs, T.D.I. International and XGD Systems, which install drainage systems for golf courses, were entitled to a trial on the claim that rival company Golf Preservations violated trademark law by bidding for Google to display pay-per-click ads when consumers queried on the XGD trademark.

Noting that different courts had come to different decisions about whether these claims should go to trial, Reeves ruled that the case should go forward. "In light of the uncertain state of the law on the specific issue presented in this case, the court does not find the defendants' arguments sufficient to warrant dismissal ... at this stage in the proceeding," he wrote.

--Wendy Davis

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