http://news.justia.com/cases/featured/california/cacdce/2:2004cv09484/167815/#20090809
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By Eric Goldman
Google, Inc v. John Beck Amazing Profits, LLC, C09 03459 (N.D. Cal. complaint filed July 27, 2009). [Warning: 1.4MB file] The Justia page.
A couple of interesting developments in John Beck Amazing Profits v. Google, the putative nationwide trademark owner class action lawsuit against Google over AdWords.
First, as of last week, the plaintiff had not served the complaint on Google even though it’s been on file for over 2 months. I’m not sure what’s the hold-up, but in my limited experience, delays in serving an already-filed complaint are often a leading indicator of a troubled lawsuit.
Second, last week Google sued the individual named plaintiff in that case, John Beck Amazing Profits, for both a declaratory judgment that AdWords doesn’t infringe plus a breach of contract claim that the lawsuit filing breached the AdWords contract provision requiring any AdWords-related lawsuit to be brought in California. Going on the offensive against a plaintiff is characteristic of Google’s litigation strategy; Google often tries to turn the tables on its litigation opponents. In this case, a major goal for Google surely is to get the case out of the Eastern District of Texas, which has been a dangerous venue for patent defendants.
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The Associated Press last week rolled out its brave new plan to “apply protective format to news.” The AP’s news registry will “tag and track all AP content online to assure compliance with terms of use,” and it will provide a “platform for protect, point, and pay.” That’s a lot of “p”-prefaced jargon, but it boils down to a sort of DRM for news—”enforcement,” in AP-speak.
But how could that possibly work?
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By Eric Goldman
Rosetta Stone Ltd. v. Google, Inc., 1:09-cv-00736-GBL-JFA (E.D. Va. complaint filed July 10, 2009)
[Note: some of you may wonder how my litigation count reached #9 when my last blog post in this series was at #7. I subsequently realized that I had forgotten to include Ezzo v. Google, a doomed-to-failed pro se lawsuit filed pre-Rescuecom. Indeed, I remain unclear precisely how many lawsuits are pending; the number could be greater than 9].
Kudos to Rosetta Stone for its fine PR work. It was able to get a number of major media outlets to cover its lawsuit against Google alleging trademark infringement and related claims for Google’s AdWords practices, even though by my count this is merely the 9th pending lawsuit and these lawsuits are becoming a near-daily routine.
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The desertion of advertising dollars from the ailing print media industry has left publishers searching for more of the one thing that the Internet seems intent on denying them: paying customers. Print publications in the US and Europe are scrambling to find ways to charge somebody—readers, link aggregators, blogs, competitors—for deriving any sort of benefit from the reporting they’re doing.
A group of European publishers has recently released a declaration of principles, the “Hamburg Declaration,” that amounts to a long-winded rant against the Internet for stealing their news. They want the government to step in and fix the situation by force of law.
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