Rosetta Stone case against Google may go to trial

RICHMOND, Va. — Foreign language education company Rosetta Stone’s lawsuit against Google over use of trademarks in its advertising search terms may be headed to trial.

That’s after a three-judge panel of the 4th U.S. Circuit Court of Appeals in Richmond on Monday sent the case back to the lower court.

Rosetta Stone had sued Google for allowing rivals to advertise copycat software when Rosetta trademarks are used in search terms in its AdWords system. It argued that Google’s actions created consumer confusion by allowing counterfeit products to be sold using its trademarks.

A district court dismissed the suit in 2010, saying that the use of trademarks as search words that trigger competing ads was legal. But the appeals court says that some of the claims should be heard at trial.

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