CNET: Geico gets green light to sue Google, Overture

Last week a federal judge in Virginia denied Google and Overture motions to dismiss a lawsuit brought by Geico, allowing the insurance company to sue the search companies for allegedly violating its trademarks, conducting unfair competition and diluting its marks. She did not, however, allow two additional charges: tortious interference and statutory business conspiracy. While merely a preliminary ruling, the judge did say that the cases that Geico cited in its briefs "are better reasoned" than those cited by Google and Overture.

This may indicate the judge will be sympathetic to the argument that using brand names as keywords for targeting ads can constitute a violation of a trademark. In order for trademark infringement to be proven, plaintiffs generally have to show that the defendant's behavior caused confusion on the part of customers.

The judge, Leonie Brinkema, wrote in her decision that "plaintiffs have alleged facts sufficient to support their claims that advertisers make a 'trademark use' of Geico's marks and that defendants may be liable for such trademark use."

Brinkema, is known for being one of the more frequently overturned federal jurists, mostly because she tends to flout mandatory sentencing guidelines. She is also the judge conducting the Zacarias Moussaoui terrorism case.