American Airlines sues Google [Archive]

Tempest

08-18-2007, 3:14 AM

AKA: Ahahaha.. Good one.

That's right, American Airlines is suing (http://www.breitbart.com/article.php?id=D8R32BR02&show_article=1) Google.. Why, you ask? Oh, it's simply the fact that when somebody searches for stuff relating to American Airlines, the "Sponsored Links" show rival airline pages. So wait.. Lets backtrack for a minute.

American Airlines is suing Google because when someone searches for shit related to their company, they get related links about other airlines? Whatchutalkinbout Willis?

A Google visitor who enters certain words or phrases that American trademarked—for example, Aadvantage, the name of its frequent-flier program—will get links to American's Web site but also its rivals under "sponsored links"—targeted ads that appear alongside the regular search results.

So I really don't understand.. If someone is searching on google for "aadvantage" they either don't know how to type the word advantage, or they know that they're looking for American Airlines.. So what's the problem? Are they worried people are going to see these sponsored links (Which, personally, I NEVER pay attention to, maybe others are different) and think "Well, I WAS looking for American Airlines' frequent-flier program.. But now that google has suggested it to me, I think I WILL switch my airline!"

This is yet another case of people in America being too happy to sue people.. Jesus christ, they're suing over ads which only idiots click in the first place.. The average computer users is smart enough to know that those ads are generally bullshit.

Mirrorman

08-18-2007, 3:19 AM

Wow. America. Can people possibly get any dumber? There is absolutely NO reason to sue them. Is there even a chance of them winning?

Oinohtna

08-18-2007, 3:23 AM

I had to read that post three times just to make sure I wasn't reading it wrong. American Airlines is being really idiotic in the way they are going about this. If people know that American Airlines' frequent flier program is called aadvantage, but they don't realize that they want to fly with American Airlines they are seriously missing a chromosome. American Airlines should just drop the topic and admit they were wrong to sue.

Mirrorman

08-18-2007, 3:32 AM

Maybe they're going bankrupt and need some money to get back on the line? So the decided to sue google.

Casalen

08-18-2007, 4:16 AM

Yeah... I'm pretty sure there's a word for this kind of problem. Advertising, maybe. It's more than Americans being sue happy; it's the idea that they shouldn't have to pay or work for things. That's how competition and marketing works, and if they honestly think it shouldn't work that way (except, most likely, in their favor), those business people need some serious help.

ne3

08-18-2007, 5:02 AM

Haha, this is hilarious. There is no chance American Airlines are going to win.

Companies tried to sue Google before, but with no luck.

Rainbird

08-18-2007, 5:53 AM

Rofl, this has got to be the stupidest sue I have heard of so far...

John Travolta

08-18-2007, 10:34 AM

Wow. America. Can people possibly get any dumber? There is absolutely NO reason to sue them. Is there even a chance of them winning?

What do American citizens have to do with American Airlines suing Google? :indiff:

ELS

08-18-2007, 10:49 AM

I've developed a love-hate relationship with this country. I hate the people who run it but then again, it's the easiest place to make a life for yourself on the planet.

BAN ME PLEASE

08-18-2007, 10:54 AM

Guys, I don't think that if you ran a multi-million dollar airline company and you searched a common word on google that just so happens to be the name of your special offer, and found out that on the side bar there's related links about different airline company, you wouldn't be too happy about it, would you?

El Mojado

08-18-2007, 11:05 AM

The only way American Airlines could win is that if google made a contract of somesorts to advertise their Airlines. Other than that its just really gonna be a giant flame war between two companies. This kinda did happend in mexico, Some shopkeep, she sold pepsi and coke, coke wanted to sue but they lost because she didn't sign a contract.

Mirrorman

08-18-2007, 11:18 AM

What do American citizens have to do with American Airlines suing Google? :indiff:
I'm not saying that the whole america, but as far as I know, it's very popular to sue companies for lots of cash, for practically no reason in there.

Intestiny Destiny

08-18-2007, 11:26 AM

Geico did this once as well. And they lost the case to Google.

Google has lost similar cases in France.

Lag

08-18-2007, 11:27 AM

Reminds me of the McDonalds "Hot Coffee burns crotch" fiasco. Or all the "I eat food, I get fat?! What!?" lawsuits.

For the most part Americans (including me) are just too lazy to earn money, and abusing the legal system is always good for a laugh.

Intestiny Destiny

08-18-2007, 11:33 AM

It's different this time because American Airlines is a trademark. They're trying to defend it. If everyone else uses it, the trademark loses it's strength and can get lost.

Mirrorman

08-18-2007, 11:43 AM

Yea like they have things like don't put your cat in the microwave in the microwave using guides, because some guy did it and his cat died. So he sues the microwave company because nobody told him that if you dry your cat in a microwave, it will die.
Also Intestiny, Google probably just found something else that has airline or advantage in it and now theres a huge fiasco. You cant just make google find only things that are connected to the airlines when you type aadvantage in there.

JonC

08-18-2007, 12:06 PM

You can't beat Google, we all know what Google is. I guess American Airlines don't know.

Rob

08-18-2007, 12:07 PM

You can't beat Google, we all know what Google is. I guess American Airlines don't know.

What the hell?

Werty

08-18-2007, 12:25 PM

Unfortunately, yes. It's going to be interesting in this though, seeing as they're both probably going to have the best god damned lawyers that money can buy. I don't think they'll win, though. S'not Google's fault that their search engine relates "aadvantage" back to AA and other companies.

Intestiny Destiny

08-18-2007, 12:28 PM

No, it's not the search engine results or position. It's that direct competitors to American Airlines can bid on ads with keywords that are violating their trademarks.

Audioslave

08-18-2007, 12:32 PM

There's no grounds to this, simply because searching on google isn't considered advertising. American Airlines doesn't pay google to put a link to their website in its search engine, so they can't sure them.

This lawsuit will not fly!

Intestiny Destiny

08-18-2007, 12:36 PM

Audioslave

08-18-2007, 12:40 PM

Ah, fair enough.

But it's not like they can sue for having competition. If they want to sue the other companies for moving in on their "aadvantage" trademark, they might be able to get it off the ground.

Mirrorman

08-18-2007, 12:40 PM

I don't have those links. I just searched amercican airlines, and only the site links came up, no sponsored links.
And anyway, it's not googles fault or anything that this kind of sponsored links come up, when searching for airlines.

Intestiny Destiny

08-18-2007, 12:43 PM

Google ads can be targeted by demographics and geographically.

The advertisers can select certain preferences for the people viewing the ads.

Google is being paid big money everytime a user clicks on one of those. Those ads you see on the search engine is the sole reason Google has any revenue at all. Why it's shares are up at $500.

:nerd:

JonC

08-18-2007, 1:18 PM

What the hell?

Self-aware, Rob. Sheesh, talking about ruining an old(and bad) joke. :ahe:

Allen

08-18-2007, 1:29 PM

I wrote an email to AA's Customer Relations department and requested a response. Went like this:

I write to you because I have a serious concern. You see, I had every intention to fly with your airline on an upcoming business trip. However, after learning of your companies lawsuit against Google for a petty reason, I have decided to take my business elsewhere. I do not like companies that deal in such manners and refuse to give them my hard earned money. I am not the only one who feels this way. I hope that the results of the lawsuit will make up for the money and customers your company will lose as a result of it.

Of course, there was no business trip, and I've never used American Airlines. Hell, I've never even been on a plane. But if they get enough emails of this nature maybe they'll quit being douche bags.

Quadros

08-18-2007, 1:41 PM

American Airlines will win. Fact is, aadvantage is a registered trademark. If, when you type Aadvantage into a google search, and the prominant sponsored links section advertises other airlines on the results page, Google is linking the word Aadvantage with other airlines than American Airlines for finanicial gain, and that is breach of copyright. Google are paid by the airlines to put their links on the results page for certain keywords. They control that action, and therefore are fully responsible for any breach of copyright found therein. Google chose to accept a contract that would put the links to the non American Airline companies on the same page as, and in a prominant position to, a registered American Airlines trademark. American Airlines took out trademark protection to avoid exactly that occurance. Google is liable for breach of contract.

Audioslave

08-18-2007, 1:48 PM

But aren't the competing companies linking the word? Google is simply a means to convey their ad. I could be wrong.

Quadros

08-18-2007, 1:52 PM

It's google who put the words together, google who host the site, and google who accepted te contract. They could easily ave said 'sorry, but we can't offer you that sponsored link as it infringes on copyright law'. It is google who bear responsibility, as they put the two words together, and the fact that they did this at the behest of a third party is irrelevant, particularly considering that they made financial gain from doing it.

Kwanza

08-18-2007, 1:53 PM

If they're such a good company, they should take the competition in pride, and blow them out of the water.

They're never gonna win this one.

Allen

08-18-2007, 1:53 PM

The only sponsored link that come up under AAdvantage is one for American Airlines. Maybe they've changed it. But still, it's really a petty reason to sue. It's not like anyone would click some stupid obscure site's link just because it's on Google while they were probabkly searching for American Airlines.

Audioslave

08-18-2007, 1:54 PM

Couch

08-18-2007, 1:56 PM

Competitors can bid on advertisements with American Airlines trademarked term. They are suing for these:
http://img139.imageshack.us/img139/7404/29612879dr6.jpg

Who the hell would buy airplane tickets from CheapoAir.com anyways?

Intestiny Destiny

08-18-2007, 2:01 PM

Why do you think Xerox doesn't want people to call other copy machines, Xerox machines? Because if they do, eventually Xerox will be a generic term and can't be trademarked anymore. Then anybody can market their product under the term, Xerox. All the time and money spent on building the brand, Xerox is gone.

It's not like anyone would click some stupid obscure site's link just because it's on Google while they were probabkly searching for American Airlines.
The reason those ads are there is because they're profitable for the advertiser. Nobody puts up an unprofitable ad.

Since we have no idea what the terms of service says, it's completely possible that google exempts itself from all legal liability of copyright infringement done by the comapany.
Whether or not the terms of service say that they're exempt, they're still not exempt from the law. Which is what American Airlines is currently challenging.

Quadros

08-18-2007, 2:02 PM

But it could be argued that Google did not approve the exact ad, merely the company making the ad. Since we have no idea what the terms of service says, it's completely possible that google exempts itself from all legal liability of copyright infringement done by the comapany.

That's all well and good, but all in all websites have a responsibilty to comply with the law, and you can not exclude yourself from the law, in writing or otherwise. I mean, even if a user posted child porn here, and the admins ad mods did not take reasonable steps to remove it and prevent it from happening again, the admins would be held responsible, despite the fact that they did not have anything to do with it being posted. Hosting such an image is against the law.

Audioslave

08-18-2007, 2:05 PM

That's all well and good, but all in all websites have a responsibilty to comply with the law, and you can not exclude yourself from the law, in writing or otherwise. I mean, even if a user posted child porn here, and the admins ad mods did not take reasonable steps to remove it and prevent it from happening again, the admins would be held responsible, despite the fact that they did not have anything to do with it being posted. Hosting such an image is against the law.

Well it boils down to whether or not Google chose the words that would make the ad pop up in a search.

I thought it was the advertiser who picked the key words. Though I guess if I'm wrong, Google could be held liable.

Intestiny Destiny

08-18-2007, 2:06 PM

The advertiser does pick the keywords. Google is being challenged for not restricting the advertiser from using that keyword.

Audioslave

08-18-2007, 2:19 PM

The advertiser does pick the keywords. Google is being challenged for not restricting the advertiser from using that keyword.

Well fault does lie with google, but more fault lies with the other companies. AA are going for the wrong fish.

Tayoshi

08-18-2007, 3:43 PM

Honestly, I'm thinking they could have a chance of winning. Judging by some of the other idiots that have sued for worse things, such as the lady that sued because her coffee from McDonald's was hot.

Newbienice

08-18-2007, 3:54 PM

Hahahaha. That's what google was made for.
Anyway, how can you sue a company like google?

Niki

08-18-2007, 3:55 PM

God, I can't wait to see them get laughed out of court. What a stupid lawsuit.

Tempest

08-18-2007, 3:56 PM

It's not the search engine results they're suing for, it's the sponsored links.

These are the search engine results, they are not suing for these results:
http://img154.imageshack.us/img154/7567/66301668jb9.jpg

Competitors can bid on advertisements with American Airlines trademarked term. They are suing for these:
http://img139.imageshack.us/img139/7404/29612879dr6.jpg

But look yourself at what you posted.. When you got those sponsored links, you were searching for 'american airlines' in no quotes.. The lawsuit claims that the sponsored links came while searching for trademarked programs.. I searched for "aadvantage" yesterday and the only sponsored links I got were for American Airlines.. Of course if you search american airlines with no quotes you're going to get other results.. american and airlines are two very common words. This lawsuit has no grounds or basis, and it'll very likely be thrown out if the judge is competent

Intestiny Destiny

08-18-2007, 5:05 PM

Quest_techie

08-18-2007, 9:46 PM

American deserves to lose with how they have been treating former TWA employees on furlough.

I have a dep feeling that, as an airline american is evil and deserves to lose in whatever endeavour it embarks on until it is so riddled with buy offers that they can't refuse.

08-18-2007, 9:56 PM

For the sponsored Ads to work, the company will have to give keywords that promt their adverts to show. That suggests that Google have allowed rival airlines to use "Aadvantage" as one of the keywords. That's relying on a trademarked name to drum up business which is certainly unethical, as they aren't paying for use of the trade mark. This could quite possibly result in a successful lawsuit, I would imagine.

Whitegrass

08-18-2007, 11:17 PM

Wow. America. Can people possibly get any dumber? There is absolutely NO reason to sue them. Is there even a chance of them winning?

Two Words

Hot Coffee

NIN_Emo

08-19-2007, 2:30 AM

This is from an Australian, with no knowledge of American stuff right, well it seems that 'American airlines' have forgotten that someone might be looking for airlines from America...

Case closed

Tyler_Legrand

08-19-2007, 2:49 AM

Knowing about "Hot Coffee" makes you cool!

(Plus the coffee was too hot, and the old lady only wanted money to cover treatment for burns, which McDonald's refused.)

Anyway, since search results are pretty unreliable, I'm on Google's side.

Mr Nemo

08-19-2007, 3:29 AM

I love America, if I ever go there i'm gonna sue the first person who looks at me wrong!

Tweek

08-19-2007, 4:15 AM

It's a tough decision.
If at any point in time you could search "aadvantage" and sponsored ads from other airlines came up, then AA should win.
However, if this is not the case, then it's Google all the way.

Niki

08-19-2007, 5:12 AM

I really really hope this gets a lot of publicity. Maybe then some people will realize that suing over stupid shit is not a good idea and you're going to end up looking retarded.

Greeny

08-19-2007, 7:58 AM

The ads are constantly changing. You can't be sure what the results were before the lawsuit.

Nonetheless, you still don't know because ads can be targeted. The advertiser can choose who they want to be viewing the ads. From a specific state, to a country, to a continent and more.

http://img513.imageshack.us/img513/9613/geopg6.jpg
Just took this.

Well by looking at that it seems that the sponsored links have just picked up the keyword 'Airlines'

Its not there fault if the company is called 'American Airlines'

Intestiny Destiny

08-19-2007, 12:04 PM

Well by looking at that it seems that the sponsored links have just picked up the keyword 'Airlines'

Its not there fault if the company is called 'American Airlines'
That's not how it works. I typed it with "quotes" meaning I specifically wanted "American Airlines". So the advertiser has specifically chosen to list the ads on searches with "American Airlines" with quotes. It's trademark infringement.

Advertisers can put a huge list of keywords they want as well as a select combination of such.

Chriz

08-19-2007, 2:11 PM

AND THEN THE WRATH OF GOOGLE CAME OUT OF THE HTML AND STOLE EVERYONES MONEY......

And now a word from our sponser,
CHEAP AIRLINE TICKETS!

CnGy

08-19-2007, 5:04 PM

People suing Google?

I am astounded.

lollercaust

08-19-2007, 5:07 PM

That's not how it works. I typed it with "quotes" meaning I specifically wanted "American Airlines". So the advertiser has specifically chosen to list the ads on searches with "American Airlines" with quotes. It's trademark infringement.

Advertisers can put a huge list of keywords they want as well as a select combination of such.

Are you sure that's how the search engine works?

Sure, the search results are limited to only pages that have "American Airlines" in that order. But the advertisements aren't exactly part of the results. If google isn't made to display adverts based on any word, the quotes won't matter. It's not like by putting quotes in you're hiding what you entered in any way.

Greeny

08-19-2007, 7:49 PM

beermonster256

08-19-2007, 9:43 PM

This is completely ridiculous! The fact that they're suing over a SPONSORED link - that means that the company contained in the sponsored link have paid Google to put their ad up near the top of the page. It won't be that Google specifically associates 'aadvantage' with other airlines, it'll be that when someone is searching for anything that relates to airlines, these ads will show up as well. Personally, I don't see that American Airlines has any ground to stand on. But then I'm not exactly up to speed on the American law system, which seems awfully sue-friendly!

Frank

08-19-2007, 10:11 PM

If a company buys a building from the government to seel their product, and then another company buys a building next door to it selling the same things, the first company cant sue the government for selling that building.

Besides, your economy needs the competition between companies. If American Airlines are that peed then they should reduce prices or something to atract more customers.

At least they are mentioned first in the sponsored links so they can hardly complain. Most people don't look past the first link.

Con-Con

08-23-2007, 6:20 AM

People in America sue eachother for the smallest things,I amn't surprised at this,but they have no chance of winning at all

Syzrael

08-23-2007, 7:46 AM

The flawed legal system allows people to sue for the most retarded reasons. And judging by the results of even dumber cases, I wouldn't be surprised is Google loses.

Frank

08-23-2007, 7:55 AM

McDonalds won when a couple of women sued them for making them fat so I'm pretty confident Google will win.

Unless there is more to their reason to suing google og course

Kawligia

08-23-2007, 12:09 PM

Being that I am currently taking an intellectual property class in law school right now, this sounds like a good issue. I will bring the case up with my professor on Tuesday.

And despite what some people here think, American Airlines DOES have a good chance at winning. It looks like Aadvantage is a registered trademark of American Airlines. That means they have the exclusive right to use it. Google gets money when someone makes a purchase after clicking on the "sponsored ads". By setting it up to where the "sponsored ads" come up when someone puts in the Aadvantage trademark, Google is using that trademark, without permission, for their own purposes. Its not that the sponsored links come up when someone simply searches for airlines, but Aadvantage specifically.

Lastly, people love to talk about suits like the McDonald's coffee incident without knowing all the facts. For example, in that case, #1 yes coffee is supposed to be hot, but not SO hot that you get extensive 3rd degree burns from it which is what happened. #2 although she did get awarded millions BY A JURY, on appeal, the court agreed that the award was ridiculous and drastically reduced the amount. So in the end, the lady only got barely enough money to pay her medical expenses and nothning else.

Mr. Crow

08-23-2007, 1:09 PM

#2 although she did get awarded millions BY A JURY, on appeal, the court agreed that the award was ridiculous and drastically reduced the amount. So in the end, the lady only got barely enough money to pay her medical expenses and nothning else.

You don't seem to know the entire story yourself. The old lady just wanted to settle with McDonalds for an amount of money to cover her medical fees. Mcdonalds refused, so it was taken to court. Lo and behold, they had to pay even more money in the end.

Serves 'em right for refusing to give the lady the 15 or 20 thousand she needed for medical costs.

star_jasmine

08-23-2007, 2:55 PM

Haha! Aadvatage for Women! I got this when I searched for aadvantage:

Kawligia

08-23-2007, 3:01 PM

You don't seem to know the entire story yourself. The old lady just wanted to settle with McDonalds for an amount of money to cover her medical fees. Mcdonalds refused, so it was taken to court. Lo and behold, they had to pay even more money in the end.

Serves 'em right for refusing to give the lady the 15 or 20 thousand she needed for medical costs.

Umm...the point was that the crazy award for millions of dollars got reduced to only be a few thousand to cover her medical expenses. The fact that she tried to settle before hand is completely irrelevant.