Google Inc. v. American Blind & Wallpaper Factory, Inc.

Filing 14

Attachment 5
DECLARATION of Rose A. Hagan in Opposition to 13 Defendant's Motion to Dismiss or, Alternatively, to Stay filed by Google Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F)(Related document(s)13) (Page, Michael) (Filed on 3/15/2004)

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Google Inc. v. American Blind & Wallpaper Factory, Inc. Doc. 14 Att. 5 Case 5:03-cv-05340-JF Document 14-6 Filed 03/15/2004 Page 1 of 2 EXHIBIT E Dockets.Justia.com Case 5:03-cv-05340-JF Document 14-6 Filed 03/15/2004 Page 2 of 2 II Outeolna Messaae From: " AdWords Supportll -:::adwords.support~goosle.conP To: joe. chamo(g)decoratetoday .corn 1"- ACtiOn;' Date: Wed, 27 Aug 200322:20:54.0700 LocahWed, Aug 27 2003 10:20 pm Duration: 3:01 minutes Subject: (#3566164) GooSl!:: AdWoreis Trademark Complaint Hello Joe Thank yo\!. for notifying US of a possible improper use of your trademark in certtlin Google AdWords ads. As stated in our Tenns and Conditions, advertisers ale responsible for the keywords and ad text that they choose to use. As a courtesy to trademark ownen, however, we do investigate such matters. When we receive Ii complaint from Ii trademark owner, we flIst detennine wbat ads appear when the trademarked term is entered as a se~rch query on Google. We review the content of those ads to ewure that they are not misleading or improperly using the trademark as a keyword trigger. If they are, we disable those keywords ftom the ad campaign. We believe this represents a fair balance of each party S interests. In this instance, we searched with your tradenw'k American Blind Factory' and determined that the ad in question does use your trademark as a keyword trigger. Rather, this ad appears when ' Blind Factory' is entered as a search query, This ad is not using your trademarked tenn as Ii keyword trigger; but using 'Blind Factory' as a keyword trJ.gger, We believe it is appropriate for this ad to be triggered if the non-trademarked tenn ' Blind Factory' is entered as part of a search query. Accordingly, we will take no furtheJ: action. We do, however, review the content of such ads to ensure that they do not mislead others into believing they correspond to the trademark oW'I1er' company. After all, it is not our intention to display misleading ads. In this particular case, we have not found that to be an issue. Please feel free to email us at adwords-s~ additional queStions or concerns. SjnCBrely, 'The Google AdWords Team Q,j;,(~, pgle. com if you have t.,,",-. 1/..._ 1.~~ ~~..... _~~~1- ~~_ /n"~ 1-.;.. !1...~~ "",Au 1-...... ..."'1.......",A",=,'h..,,"'caRr "h,,v "~'7Nr""'" 11 /1 a/.,nn~

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