Keyword infringement: Edible Arrangements files $209M trademark suit against Google

Google is being sued in federal district court in Connecticut by the company behind Edible Arrangements for trademark infringement and unfair competition. The central claim is that when users search for “Edible Arrangements” (or versions of that name), they’re seeing product ads for competitors, such as 1-800-Flowers. The company is seeking more than $200 million in damages for lost profits and trademark infringement. The company claims that consumers are confused about which results are genuinely associated with Edible Arrangements and says it has received phone calls supporting that contention. I have not seen the specific allegations in the complaint, and I was not able to replicate the allegedly infringing search results. It does not appear that the term “Edible Arrangements” appears in ad text for competing advertisers. Google will review and restrict use of trademark terms in ad text where there is a dispute. However, it does not restrict use of trademarks as keywords: “We don’t investigate or restrict trademarks as Search Engine Land Source

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