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Uh oh for Google trademark case goes to jury trial ...facts hurt

Reuters reports that "a federal judge ordered Google to face a jury trial in a trademark infringement suit that aims at the main source of the company's revenue."

  • The Federal judge previously had denied Google's motion to dismiss this case.

Why does this matter?

  • Google does not want to go to trial on any of the legion of IP theft lawsuits they face... because they fear discovery by clever trial attorneys who will try to get access to executive emails that will show that use of other companies intellectual property for free is standard business practice at Google.
  • Google also fears that they can't buy off everyone, because if one company, like American Blind and Wallpaper Factory, does not succumb to Google's settlement bribes to make the case go away...
    • it will embolden other companies, whose IP has been violated by serial IP thief Google... to come out of the woodwork to testify or file class action suits against Google.

I also discovered a new and relevant fact in my ongoing research -- that I believe will be used succesfully against Google in this case.

  • In "Search Smackdown: Google vs Yahoo, in iMedia, the excellent authors explain on page 5 in the trademark evaluation that only Google in the US allows advertisers to bid on trademarked keywords. -- like American Blind and Wallpaper Factory.
    • They go on to point out that Yahoo does not allow advertisers to bid on competitors' trademarks, nor do European advertisers allow it.
    • There goes Google's defense that everyone else does it...

All this being said, I think Google chose a jury trial because all they need to get is one person on their jury to be a digital socialist, (a member of the free software movement who believes that there should be no digital intellectual property) to side with Google politically on this.

  • San Jose, where this Federal Court case is being heard, is in Google's back yard and is one of the epicenters of the digital socialism movement.
    • Big Advantage for Google.

I expect other suits to do their best to sue Google outside of their back yard where the jury pools won't be likely to be as politically aligned with Google.