The Atlanta-Journal Constitution asked me to write about Google’s keyword advertising practices for its paper.

The online advertising trademark tug-of-war continues.  One of Google’s most determined opponents has been Rosetta Stone, maker of second language software.  After losing to the search engine giant at the district court level, Rosetta Stone brought the fight to the Fourth Circuit where its appeal pends.

One barometer of the importance of legal issues raised on appeal is the number of amicus briefs filed.  My guess is that 90% of federal appeals have no amicus briefs.  This case has a backbreaking 36, almost all by trademark owners supporting Rosetta Stone’s position that Google’s ad programs either directly or indirectly infringe their trademarks.

With billions of advertising revenue at stake, Google is leaving no stone unturned. A loss here could cost GOOG billions.

Estoy deseando leer esta opinión!  (That is, “I am looking forward to reading this opinion” in Spanish).

David M. Lilenfeld