.gif)
Google Sues Internet Marketers For Trademark Infringement and Fraud
By Anna Johnson on December 11th, 2009Last week Google filed a lawsuit against Pacific WebWorks and 50 other unnamed defendants over, in Google’s words ‘fraudulent Google Money schemes’ involving ‘thousands’ of websites claiming to offer kits showing people how to make money working from home on Google.
Google alleges that the defendants are misusing its brand and logo to trick customers into believing they are joining a Google-sponsored arrangement.
According to the lawsuit, the ‘scams’ involve tricking people into thinking they are paying a nominal fee for a system or kit that shows them how to ‘make hundreds of dollars a day working at home performing a simple task that requires no particular skill or qualifications.’
But rather than simply charge the nominal fee and provide the promised product, Google alleges that the Internet marketers promoting such kits also charge unsuspecting customers substantial recurring monthly fees and don’t actually provide a system or kit of any substance.
According to the Nickycakes website, the ‘scam’ works like this:
People are offered a ‘Google Cash’ kit to teach them how to make thousands of dollars per month by ‘posting links on Google.’ Customers pay a small fee such as $1.99 for shipping, but are billed a much more substantial fee – e.g. $80 – after a 7-14 day ‘trial period.’
The monthly subscription fee, however, is either not mentioned (or not adequately mentioned) in the offer promoting the kit, so customers think they are just paying $1.99 rather than the recurring fee of $80 per month (or whatever it is).
In addition, Google’s lawsuit accuses the defendants of posting fake news stories, blog comments and posts on social networking sites promoting the legitimacy the work-at-home kits. Google is seeking a court ruling that bars the defendants from continuing to offer the kits, as well as actual and punitive damages.
All in all, Google seems to be going after the defendants for:
- Trade mark infringement;
- Misleading and deceptive advertising; and
- Fraud.
Google is also using non-legal means to fight those it believes are misappropriating its trademark and engaging in unlawful activities… largely because such businesses are popping up all the time.
Consequently, Google is actively removing the Google Adwords accounts of those behind these kinds of activities, delisting their sites from its search engine index, and has issued a public warning to Internet users, telling people to be wary of ‘names associated with scam artists.’ Google has specifically listed the following as names to watch out for:
- Google Adwork
- Google ATM
- Google Biz Kit
- Google Cash
- Earn Google Cash Kit
- Google Fortune
- Google Marketing Kit
- Google Profits
- The Home Business Kit for Google
- Google StartUp Kit
- Google Works
Nickycakes has published a list of websites named in the lawsuit for allegedly infringing domain names. Check out the full list at Nickycakes. Here’s a partial list. Recognize any of these?
- google-money-kit.com
- google-money-master.com
- google-money.net
- google-moneyblog.com
- google-moneytree.com
- google-profits.com
- google-wealthmaker.com
- googlebusinesskit.biz
- googlebusinesskit.com
- googlecash-kit.com
- googlecash.com
- googlecashfromhome.com
- googlecashkit.org
- googlecashsecretclub.com
- googlecashstarterkit.com
- googlecashweekly.com
- googlejackpot.net
- googlekits.com
- googlemasterminds.com
- googlemoney-kit.com
- googlemoney1.com
- googlemoneyeasy.com
- googlemoneymaster.net
- googlemoneymembersite.com
- googlemoneymethod.com
- googlemoneypro.com
- googlemoneyprofit.com
- googlemoneys.com
- googlemoneyy.com
- googleprofit.org
- googleprofitclub.com
- googleprofithouse.com
- googleprofitkit.com
- googleprofitresource.com
- googleprofits.com
- googleprofitinsider.com
- googleprofitskit.com
- googleprofittoday.com
- googleprofittree.com
- googlesmoneytree.com
- googletreasurechest.com
- googleworkstoday.com
- googlemoney.com
Nickycakes reckons Google will name further defendants as it works out who owns which domain names. Nickycakes plans to continue updating its list so check it out if you want to keep track of this list.
Those involved in the Internet marketing niche will know of many Internet marketers who, while not remotely seeking to scam people as described above, have used Google’s trademark in their product or website name.
The fact is that using ‘Google’ in a product name or website without Google’s permission is trade mark infringement, and Google’s lawsuit should be a wake-up call to all that Google doesn’t intend to ignore such goings-on anymore. It will sue!
Internet marketers using ‘Google’ in their product names or websites – AND affiliate marketers promoting such products or websites – do so at their peril.
And, while it should be obvious that Google is not the kind of company that an Internet marketer wants to put off-side (don’t bite the hand that feeds!), it’s also certainly NOT a company you want to be fighting in court.
Sources: Jason Morrison and Stacey Wexler, “Fighting fraud online: taking ‘Google Money’ scammers to court,” December 8, 2009, Nickycakes, “Google Sues ‘Google Cash’ Bizop and Affiliates,” Nickycakes, December 8, 2009
May 25th, 2010 at 11:02 pm
It’s Interesting that Google is so intent on protecting their own trade name yet they do not respect the trademarks of others.