Google LLC v. GVerifier Technologies LLC et al

Filing 41

STIPULATED JUDGMENT AND PERMANENT INJUNCTION between Plaintiff Google LLC and Defendant Infinity GoMarketin LLC. Signed by Chief Judge Algenon L. Marbley on 5/19/2023. (cw).

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
GOOGLE LLC,

Case No. 2:22-cv-04182
Plaintiff,

v.

Chief Judge Algenon L. Marbley
Magistrate Judge Elizabeth Preston
Deavers

GVERIFIER TECHNOLOGIES LLC d/b/a
G VERIFIERS AND G VERIFIER PRO, et
al.,
Defendants.
STIPULATED JUDGMENT AND PERMANENT INJUNCTION
This Court, pursuant to the Joint Motion for Entry of Stipulated Judgment and Permanent
Injunction between Plaintiff Google LLC (“Google”) and Defendant Infinity GoMarketin LLC
(“Infinity”), and upon consent of the parties, hereby ORDERS, ADJUDGES, and DECREES as
follows:
PERMANENT BAN ON COMMERCIAL ACTIVITY INVOLVING
GOOGLE BUSINESS PROFILES OR ANY OTHER GOOGLE OFFERING
1.

Infinity made unauthorized, infringing uses of the GOOGLE trademark in its

telemarketing, sales solicitation, web-based advertising, search engine optimization services, sales
of reviews, and other commercial activity targeted to business owners interested in the services
Google offers as part of its Google Business Profile (formerly known as Google My Business)
platform.
2.

Specifically, Infinity made false and misleading claims that were likely to confuse

small business owners about the true source or nature of Infinity’s services and the relationship
between Google and Infinity. For example, Infinity falsely represented during these calls that it

was Google, that it was an authorized agent of Google, or that it was otherwise associated with or
endorsed by Google.
3.

In addition to misrepresenting that Infinity was affiliated with Google, Infinity’s

misrepresentations also included express or implied claims that: (i) unless a business “verifies” its
Google Business Profile, the business’s Google listings may be deleted, displayed incorrectly, or
described as “permanently closed”; (ii) business owners can obtain various benefits or services
from Google related to Google Business Profile only by paying Infinity a fee; (iii) Infinity can
guarantee superior placement among organic search results; and (iv) Infinity is authorized by
Google to control aspects of Google listings.
4.

Such representations were false and misleading. Infinity does not work on behalf

of Google; Infinity is not a Google partner or otherwise engaged or authorized by Google to
perform any outreach or other services, or to control placement of Google listings. Furthermore,
there is no need to “verify” a listing with Infinity or to pay money to Infinity, Google, or any other
entity to avoid deletion or the improper display of a listing on the Google Business Profile
platform. Infinity also cannot fulfill its promise to business owners to “[g]et the first page on
Google search,” as no third party can guarantee such placement.
5.

Infinity does not dispute that (a) the GOOGLE mark is valid and protectable, and

(b) Google owns all right, title, and interest in and to the GOOGLE mark.
6.

Infinity does not dispute that (a) Google’s mark described in Google’s Complaint,

see ECF No. 1, as the “G Logo” is valid and protectable, and (b) Google owns all right, title, and
interest in and to the G Logo.
7.

Infinity admits liability for the infringement of the GOOGLE mark and G Logo in

violation of 15 U.S.C. § 1114(1) and 15 U.S.C. § 1125(a).

8.

Infinity admits liability for breaching Google’s Terms of Service, a valid and

enforceable contract.
9.

Google has been, and will continue to be, damaged and irreparably harmed by the

actions of Infinity described in Paragraphs 2 and 3.
10.

Infinity is thus hereby adjudged to have violated 15 U.S.C. § 1114(1) and 15

U.S.C. § 1125(a) by infringing the GOOGLE mark and G Logo, and is hereby further adjudged to
be liable to Google for breach of contract.
11.

Infinity, as well as Infinity’s officers, agents, servants, employees, and attorneys,

and all persons in active concert or participation with Infinity, who receive actual notice of this
injunction, are hereby permanently restrained and enjoined, pursuant to 15 U.S.C. § 1116, Federal
Rule of Civil Procedure 65, and this Court’s inherent authority, from engaging in, directly or
indirectly, or authorizing or assisting any third party to engage in, any of the following activities:
a. Any telemarketing or any other commercial activities relating to Google’s Business
Profile platform;
b. Any telemarketing or any other commercial activities relating to any other product
or service produced by Google;
c. Using the GOOGLE mark, the G Logo, or any other mark owned by Google, or
any confusingly similar variations thereof, in connection with marketing,
promoting, advertising, selling, or distributing any goods or service in any manner
that is likely to cause confusion, or to cause mistake, or to deceive as to an affiliation
or association with, or endorsement or sponsorship by, Google;
d. Using the GOOGLE mark, the G Logo, or any other mark owned by Google, or
any confusingly similar variations thereof, within any domain names, metatags, or

other markers within website source code, or on any websites registered, owned, or
operated by Infinity;
e. Effecting assignments or transfers, forming new entities or associations, associating
with any other person or entity, or utilizing any other device for the purpose of
circumventing or otherwise avoiding any of the obligations or prohibitions set forth
herein.
Nothing in Paragraph 11 shall prohibit anyone from engaging in any activities as a consumer or
user of Google products, platforms, or services (e.g., Gmail; Google AdWords; Google Pay;
YouTube), provided such use is not for any purpose that violates any term of Paragraph 11.
COMPLIANCE
12.

Infinity shall provide a copy of this Stipulated Judgment and Permanent Injunction

to each of its officers, agents, servants, representatives, employees, attorneys, affiliates, assigns,
and contractors who are or were conducting marketing activities relating to Google offerings on
behalf of Infinity.
DISMISSAL OF REMAINING CLAIMS AGAINST INFINITY
13.

Pursuant to the Parties’ stipulated request and settlement agreement, Google’s

claims against Infinity for violation of the Federal Telemarketing and Consumer Fraud Protection
Act, 15 U.S.C. § 6101 et seq., and for unfair competition and deceptive trade practices under Ohio
common law and Ohio Rev. Stat. § 4165.02 are dismissed with prejudice. For the avoidance of
doubt, the foregoing dismissal is as to Infinity only, and not to any other Defendants.
IMMEDIATE ENTRY OF JUDGMENT
14.

The Court finds there is no just reason to delay in entering this Stipulated Judgment

and Permanent Injunction and, pursuant to Federal Rule of Civil Procedure 54, the Court directs

immediate entry of this Stipulated Judgment and Permanent Injunction against Infinity.
15.

This Court has jurisdiction over the subject matter of this action under 15 U.S.C.

§ 1121 and 28 U.S.C. §§ 1331, 1332, 1338, and 1367. This Court has personal jurisdiction over
the parties hereto. Venue is also proper in this district under 28 U.S.C. § 1391(b)(1) and (2).
16.

No appeals shall be taken from this Stipulated Judgment and Permanent Injunction;

however, the parties preserve their respective rights to appeal any further action arising out of this
Stipulated Judgment and Permanent Injunction.
17.

This Court will retain continuing jurisdiction over this matter to enforce the terms

of this Stipulated Judgment and Permanent Injunction and the settlement agreement between the
parties.
18.

Nothing set forth herein shall impair Google’s right to seek all legal and equitable

remedies that the Court deems appropriate in the event of a violation or failure by Infinity to
comply with any of the provisions hereof.
19.

This Stipulated Judgment and Permanent Injunction shall be deemed served upon

Infinity at the time of its entry by the Court.
20.

Each party shall bear its own attorneys’ fees and costs incurred in this matter.

IT IS
S SO
O ORDERED.
____________________________________
___________
______
_ ______
_ ___________
_ __________
Chief
Algenon
Marbley
C ief Judge
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United
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Di t i t JJudge
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Southern District of Ohio
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