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Doubts in Rosetta Stone v Google: analysis and comments

Rosetta Stone Ltd v Google Inc, United States District Court for the Eastern District of Virginia, Case No 1: 09cv736, 3 August 2010

Wanwipar Puasiri

The US court ruled in favour of Google in Rosetta Stone v Google Inc finding that Google was not liable although it gained profit by offering space for advertisements which were leading to websites offering Rosetta Stone counterfeits. Since Google has control over the selection of such advertisements that use words protected as trade marks, this raises some doubts as to whether the court has erred regarding trade mark infringement in this case. It could result as a non-standard for trade mark keyword decisions and also contribute to mounting fears of trade mark owners in future disputes.

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