Google, has yet to comment on the case but it always seemed to be that Rosetta Stone had a fairly weak case.
One of Rosetta Stone’s major complaints was that its name was used by retailers like Amazon to trigger search ads. So if a potential customer typed in its name, Google would serve up some adverts from its suppliers or even rivals.
Rosetta Stone wanted consumers to purchase directly from itself, not from outside retailers. “Rosetta Stone conducts a substantial amount of its business over the Internet and has made a sizeable investment in the development of its online business,” the company argued, adding: “It is generally more beneficial for Rosetta Stone when consumers purchase directly through Rosetta Stone.”
It claims that in doing that, Google had misused its trademark. Google said that legitimate retailers like Amazon have every right to use trademarks to advertise the goods they sell.
According to MediaPost, if what Rosetta Stone wanted was applied in traditional advertising contexts, Sunday circulars as we know them today would cease to exist, with grocery stores unable to advertise a sale on ‘Coke’ without first getting permission from Coke.
Google’s record in court is unbroken so far and it has never lost a contested lawsuit about trademark infringement on AdWords.