American Blind's lead attorney, in a recent interview with eWEEK.com, made it clear that the scope of the trademark infringement lawsuit filed last week against Google and the search engine's partners doesn't end with the sponsored listings for which advertisers bid on keywords. The retailer also is accusing Google of infringing on its trademarks by returning non-sponsored Web search listings from competitors when certain terms are queried, said David Rammelt of Kelley Drye & Warren LLP, in Chicago.

... Google's main search listings come from its index of 3 billion Web pages and are ranked by its proprietary algorithms. Google also runs keyword-based paid search through its AdWords program. Those listings appear before or alongside the Web search results on its site and those of its partners.

... According to search engine experts, American Blind will find it more difficult to prove infringement by Google in its regular search listings. Those listings are, in a sense, based on Google's editorial judgment embodied in its algorithms and technology, something one might argue is covered by First Amendment protections, said Danny Sullivan, editor of search industry site SearchEngineWatch.com.

... Google has tried to avoid conflict with trademark holders, often barring competitors from bidding on keywords that match unique trademarks, as it has done for companies such as eBay Inc. and Dell Inc., Sullivan said. But conflict has become almost inevitable with descriptive terms, especially as search companies such as Google earn growing profits from search-based advertising.

"Anytime you bid on a word and understand that it's a trademark…you better feel confident that if you go to court you can defend the reasons for doing that," Sullivan said.

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