Search engine giant Google, Inc., through its AdWord program, offers businesses the opportunity to purchase a 'sponsored link' for a particular keyword, even if the keyword happens to be someone else's registered trademark.

Google has been sued by various companies including GEICO, American Blind and Wallpaper Factory and J. G. Wentworth, challenging this practice on trademark infringement grounds. Thus far, these types of suits have been largely unsuccessful.

Most recently, American Airlines, Inc. has filed its own lawsuit against Google in the U.S. District Court for the Northern District of Texas over the sale of sponsored links to businesses not affiliated with the airline for terms including "American Airlines" and "americanairlines.com" that include registered trademarks.

In addition to reciting several claims of trademark infringement, trademark dilution and unfair competition, American Airlines' 55-page complaint points out Google's practices regarding its own trademark, noting that there are no third-party sponsored links for the keywords "google," "googl" or "googel." American also argues that the sponsored links that appear when a Google user searches the term "American Airlines" constitute false advertising by creating a false impression that the sponsored links have, in fact, been sponsored by American Airlines.

The American Airlines lawsuit may prove to be the most challenging yet for Google's AdWords program. A decision in American Airlines' favor could mean an end to the current, popular practice of search engines selling sponsored placement based on the registered trademarks of others.

For more information about legislation or litigation involving technology, intellectual property protection of information technology assets or any other Information Technology law issue, contact your Miller Canfield attorney or Kathy Ossian, Leader of our Information Technology Team, or call her direct at 313.496.7644.