Geico Sues Google, Yahoo Over Trademark Linking
By Michael Ha
NU Online News Service, May 20, 3:16 p.m. EDT?Auto insurer Geico is suing the giant Internet search-engine firms Google and Yahoo, charging they illegally linked Geico's trademarked name to their advertisers' Web sites. [@@]
Google Inc. and Yahoo's Overture Services unit have engaged in activities that amount to "trademark infringement" and these activities "deliberately mislead consumers" as part of highly profitable search-driven advertising programs, Geico told National Underwriter.
Geico filed its legal action this month at U.S. District Court in Alexandria, Va.
"Geico seeks an injunction against any further unauthorized use of its service marks by defendants in their advertising programs and to recover damages for defendants' illegal acts," the insurer's spokesperson said.
"This practice deliberately misleads consumers and allows Geico's competitors and these defendants to illegally exploit for their own commercial purposes Geico's investment of hundreds of millions of dollars in its brand," according to the spokesperson.
Yahoo said it can't discuss issues regarding pending lawsuits. Google's representatives did not immediately respond to a request for comment.
Geico said in its complaint that Google and Yahoo have been engaged in selling Geico's registered trademark name as search terms or "key words" to advertisers on defendants' Web sites and directing Web traffic to these advertisers' "sponsored listings" or "sponsor matches."
"As a means to generating advertising revenues for themselves," the Geico complaint stated, "defendants purport to sell the right to use Geico's nationally recognized service marks to third-party advertisers who have no connection to Geico and who seek to drive Internet traffic to their own Web sites when consumers perform a search using one of the famous Geico marks."
The complaint goes on to say that this practice has been taking place without Geico's consent or authorization and that it is causing confusion among consumers who are using Google and Yahoo search engines to contact or learn more about Geico.
In the case of Google, when a Web user typed in "Geico" as a search term, the search results also included a paid advertisement link listed as "Geico Auto Insurance: Save $300 California Auto Insurance" that led to the Web site of 21st Century Insurance Company, based in Woodland Hills, Calif.
The auto insurer's complaint states that this type of use of the famous Geico trademarked names "dilute their value and undermines Geico's investment of hundreds of millions of dollars in recent years to promote its auto insurance services under those marks through local and national radio, television, direct mail and print advertising."
The Chevy Chase, Md.-based Geico, a unit of Omaha, Neb.-based Berkshire Hathaway Inc., is currently the largest direct marketer of automobile insurance in the United States, as well as the fifth largest private-passenger auto insurer.
Want to continue reading?
Become a Free PropertyCasualty360 Digital Reader
Your access to unlimited PropertyCasualty360 content isn’t changing.
Once you are an ALM digital member, you’ll receive:
- Breaking insurance news and analysis, on-site and via our newsletters and custom alerts
- Weekly Insurance Speak podcast featuring exclusive interviews with industry leaders
- Educational webcasts, white papers, and ebooks from industry thought leaders
- Critical converage of the employee benefits and financial advisory markets on our other ALM sites, BenefitsPRO and ThinkAdvisor
Already have an account? Sign In Now
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.