Google filed counterclaim against Flowbee for 'breach of contract' responding to AdWords Lawsuit

In August 2009, Flowbee haircutting system maker, filed a suit against Google in federal district court in Corpus Christi, Texas, for selling sponsored search ads to competitors under its trademarked keyword, which it alleged ‘confused’ customers. Now, Google filed its answer to the complaints and simultaneously moved to file a counterclaim against the haircutting system […]

In August 2009, Flowbee haircutting system maker, filed a suit against Google in federal district court in Corpus Christi, Texas, for selling sponsored search ads to competitors under its trademarked keyword, which it alleged ‘confused’ customers. Now, Google filed its answer to the complaints and simultaneously moved to file a counterclaim against the haircutting system vendor. In the filing “Google denies most of the allegations Flowbee had brought forward, including that it has made any unlawful use of Flowbee’s alleged trademarks and similar marks. At the same time, the company admits that it allows third parties to bid on keywords that may trigger display of their advertisements as Sponsored Links. Google also filed a counterclaim against Flowbee for breach of contract. The search giant says that by filing the instant action in Texas, Flowbee breached the mandatory venue selection provision (federal or state courts of Santa Clara County, California) of the AdWords contract it had entered with Google. The Mountain View company is seeking damages for the money and resources that were spent trying to transfer the action to the ‘proper’ venue.”

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