Since When Do Trademark Disputes = Privacy Violation?

I’m currently in the midst of a multi-part series on the online dating industry, but I couldn’t resist pointing out this one.

Apparently, we’ve taken search-related trademark lawsuits to a whole new level. According to one Wisconsin law firm, a competing firm’s act of bidding on keywords related to their names constitutes a violation of privacy. That’s a new one.

The plaintiff’s argument is centered on a piece of Wisconsin law that “protects individuals from the inappropriate use by others of their names.” According to the law, this includes use for advertising or trade purposes. The firm, Habush Habush & Rottier, insists that the Internet provides no exception to this law. By advertising on the keywords “habush” and “rottier,” the defendant is allegedly violating their privacy.

Without delving into legalese, the defendant fights this absurd claim with some fairly good arguments:

• The law protects a “living person,” not a corporation. This is a big one.
• The appearance of a link to the defendant’s site next to an organic link to the plaintiff’s site is no different legally than the type of advertising placement one would see on a page of the Yellow Pages.
• There is no suggestion in the sponsored link to the defendant’s website or anywhere on the website that the Habush, Habush & Rottier is promoting or endorsing their services.
• The link itself is not stifling legitimate competition or limiting consumer choice; it is simply giving the user an opportunity and choice as to review the defendant’s site in addition to the plaintiff’s.
• The search results for “Habush” and “Rottier” contain a large amount of content unrelated to the law firm, not the least of which is an urban dictionary definition for “to habush” (umm, don’t look that one up at work).

Amusingly, the defendant also pulled a Perry Mason and pointed out a YellowPages.com page where the plaintiff’s ad appeared next to the defendant’s information. Whoops. Now there’s a courtroom circus.

I find this fairly ridiculous in the midst of a number of legitimate personal privacy debates.  Trademark disputes are one thing, but privacy has nothing to do with it. Unfortunately, I’m fairly certain we’ll continue to see more of these creative spins on the same lawsuit type in the future.

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