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000042156 003__ SzGeWIPO
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000042156 040__ $$aSzGeWIPO$$beng$$erda
000042156 041__ $$aeng
000042156 1001_ $$aLastowka, Greg
000042156 24503 $$aGoogle's Law
000042156 264_1 $$a[Durham, North Carolina] :$$b[Duke University],$$c2007.
000042156 300__ $$a70 pages
000042156 336__ $$atext$$btxt$$2rdacontent
000042156 337__ $$aunmediated$$bn$$2rdamedia
000042156 338__ $$avolume$$bnc$$2rdacarrier
000042156 520__ $$aGoogle has become, for the majority of Americans, the index of choice for online information. Through dynamically generated results pages keyed to a near-infinite variety of search terms, Google steers our thoughts and our learning online. It tells us what words mean, what things look like, where to buy things, and who and what is most important to us. Google's control over results constitutes an awesome ability to set the course of human knowledge.  As this paper will explain, fortunes are won and lost based on Google's results pages, including the fortunes of Google itself. Because Google's results are so significant to e-commerce activities today, they have already been the subject of substantial litigation. Today's courtroom disputes over Google's results are based primarily, though not exclusively, in claims about the requirements of trademark law. This paper will argue that the most powerful trademark doctrines shaping these cases, initial interest confusion and trademark use, are not up to the task they have been given, but that trademark law must continue to stay engaged with Google's results.  The current application of initial interest confusion to search results represents a hyper-extension of trademark law past the point of its traditional basis in preventing consumer confusion. Courts should reject initial interest confusion doctrine due to its tendency to grant trademark owners rights over search results that could easily operate against the greater public interest. On the other hand, the recent innovation of trademark use doctrine improperly relieves trademark law of any role in the supervision of the shape of Google's search results. The absence of any state involvement in the shape Google's results will effectively cede the structure of our primary online index to Google's law. Google may enjoy substantial public goodwill, but what is best for Google will not always be what is best for society.
000042156 605_0 $$aGoogle
000042156 650_0 $$aSearch engines
000042156 650_0 $$aTrademark
000042156 650_0 $$aUnfair competition
000042156 650_0 $$aInternet
000042156 650_0 $$aCyberlaw
000042156 85641 $$uhttps://papers.ssrn.com/sol3/papers.cfm?abstract_id=1017536##$$yView this resource
000042156 904__ $$aJournal article
000042156 980__ $$aBIB