Say Anything Blog

Fresh on the heels of Google memorializing the accomplishments of communists (but refusing to acknowledge things like Memorial Day or Veteran’s Day) comes news that they are not allowing ads on their networks that criticize MoveOn.org:

WASHINGTON (Map, News) - Internet giant Google has banned advertisements critical of MoveOn.org, the far-left advocacy group that caused a national uproar last month when it received preferential treatment from The New York Times for its “General Betray Us” message.

The ads banned by Google were placed by a firm working for Republican Sen. Susan Collins’ re-election campaign. Collins is seeking her third term.

Earlier this week, Google told Lance Dutson, president of Maine Coast Designs, that the ads he placed for Collins had been removed and would not be allowed to resume because they violated Google’s trademark policy.

Google’s Web site states, “Google takes allegations of trademark infringement very seriously and, as a courtesy, we’re happy to investigate matters raised by trademark owners.” That suggests Google acted in response to a complaint by MoveOn.org.

I believe the concern here on Google’s part is not so much trademark infringement as it is trademark disparagement.  Which would be akin to doing something like using Wal-Mart’s logo in an advertisement or image disparaging that company.

But Robert Coleman (counsel for the Media Blogger’s Association, of which I am a member) notes that this is a rather absurd concern:

Ronald Coleman, a lawyer and leading expert on online intellectual property disputes, noted that, as a private company, Google has the right to treat different advertisers differently.

But he called Google’s removal of the Collins ads “troubling.” Coleman says that there is no such requirement under trademark law and that Google appears to be selectively enforcing its policy.

“In a recent ruling, the Ninth Circuit Court of Appeals rejected the notion that there is anything like a cause of action under the Lanham Act, the statue governing trademark law in the United States, for so-called ‘trademark disparagement,’ ” Coleman said. The courts have also rejected the notion that the use of a trademark as a search term is a “legally cognizable use” as a trademark use under federal trademark law, he added. Coleman is also general counsel for the Media Bloggers Association.

I think the real issue here is clear.  Google has political biases, and they’re going to protect groups they side with like MoveOn.org.  Which is pretty sad, I guess, but perfectly legal for them to do.  Google is, after all, a private company and perfectly free to discriminate politically as they wish.