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April 3, 2005

Advertising Competitors Trademark Terms

Posted by Adam Viener

In Seattle a new trademark infringement case has been filed which could have ramifications on the keyword advertising industry. Intelius Inc., the online public records company founded by former InfoSpace Chief Executive Naveen Jain, has sued two California competitors for buying online advertisements through Google that use the Intelius name.

Intelus contends that competitors, Enformion.com and PeopleFinders.com ran deceptive advertising campaigns through Google that infringe on Intelius' trademark and trade name.

Late last year, a federal judge dismissed a claim by Geico Corp. about Google's sale of advertising keywords that use the Geico name.

A key difference in this case, which does not name Google as a defendant, is that Intelius is saying that it's competitors tricked consumers by running fake Intelius advertisements that linked to their respective Web sites. Intelius contends that not only did the competitors use ads that deceived customers into thinking they were going to Intelius, but that the competitors also duplicated key parts of the Intelius Web site look and feel.

The competitors however argue that advertising competitive keywords are legally acceptable, fueled by the Geico ruling. They further content that this is a nuisance case and poor business tactic by Intelius' founder, Naveen Jain.