Amazon.com sued for defamation over affiliate ads on Google |
Connect with TechFlash on our Facebook page for all the latest technology news headlines and commentary, plus information and access to special events, photos from events, promotions and more.
Today On Techflash
- Can Microsoft overcome the smartphone app gap?
- Hey recruiters: Here's an R&D lab run by, and for, students
- Apps that waste your time (in a good way): Execs' addictions
- WTIA announces Industry Achievement Award finalists
- Analyst sees 7-inch iPad in Apple future
- Check out this app: Executives list the ones they use most
Mass High Tech
Jeff Bezos Watch
- Jeff Bezos 'grateful' to be selling millions and millions of Kindles
- Nick Hanauer and others invest $3.1 million in Qliance
- Survey: Employees say it's just 'OK' to work at Microsoft
- Jeff and MacKenzie Bezos give $15M for Princeton brain center
- Newsmaker of the Year surprise: Savitt beats Bezos, Allen
Amazon.com sued for defamation over affiliate ads on Google
Busy legal times for Amazon. The online retail giant is negotiating a settlement to a lawsuit over cracked Kindles. Now the company has been slapped with a lawsuit from a small electronics retailer called Sellify. Sellify is suing Amazon for trademark infringement and defamation, among other things, over Google search ads that paint Sellify as a "scam artist." The lawsuit alleges that an Amazon affiliate, not Amazon itself, is buying the ads, but argues that the affiliates are acting as Amazon's "de facto agents."
The lawsuit (pdf, 15 pages), filed Dec. 17 in federal court in New York, describes Sellify as "an online retailer of mostly used cameras and other digital electronic equipment." It alleges that an Amazon affiliate, Cutting Edge Designs, purchased the URLs of Sellify's onequality.com website (and a slightly misspelled version of the website) as advertising keywords on Google. A search for those websites on Google produces a sponsored link that warns "Beware the SCAM Artists" and directs people to an Amazon.com web page on camcorders, the lawsuit states.
As Techdirt notes, there have been a slew of lawsuits over Google ads and "many courts have found that there is no trademark violation in competitive ads on trademarked keywords." The Sellify lawsuit targets Amazon, not Cutting Edge Designs, and it will be interesting to see if Sellify has any luck making Amazon accountable for the actions of an affiliate. Amazon's relationship to its affiliates, who link to Amazon products in exchange for a cut of sales, has come under closer scrutiny this year, with a variety of states seeking to make Amazon collect sales tax based on its ties to local affiliate websites.
Sellify seeks at least $18 million in punitive and compensatory damages, unspecified losses, attorneys' fees and other costs. Amazon spokesman Craig Berman had no comment, and Francis Dehn, the attorney representing Sellify in the lawsuit, couldn't immediately be reached for comment.
Follow my updates on Twitter.
If you are commenting using a Facebook account, your profile information may be displayed with your comment depending on your privacy settings. By leaving the 'Post to Facebook' box selected, your comment will be published to your Facebook profile in addition to the space below.
TechFlash Team
Recent Sponsor Posts
Who's creating today's energy efficient buildings? Find out at the BetterBricks Awards, Feb. 16
BetterBricks Awards salute the individuals leading the way for high performance commercial buildings with an emphasis on energy efficiency. Join us as we recognize these standout green building professionals.
Award categories include: Advocate; Architect/Designer; Facility Manager/Operator; and Owner/Developer.
Keynote Speaker: Kevin Kampschroer, Director of U.S. GSA's Office of Federal High Performance Buildings. Kevin leads the U.S. General Services Administration's efforts in building sustainability and accelerating industry adoption of sustainable principles across all aspects of a building's life.
Register here by February 10!
If you are interested in buying a table, email Monica Alquist or call her at 206-876-5404.
The Triple Door Presents: The Atomic Bombshells "J'ADORE!: A Burlesque Valentine"
Seattle's reigning Burlesque super-troupe delivers a gorgeous and glittering VALENTINE featuring some of the Bombshells' most exhilarating acts to date. J'Adore! promises to celebrate l'amour with good humor, style, and a healthy dose of dazzle! Bring a friend, a lover, a family member, or a secret crush, and celebrate with the Valentine's Burlesque spectacular that will leave you shouting: "J'ADORE......The Atomic Bombshells!" The incomparable Jasper McCann emcees with high style and charm.
Please visit www.thetripledoor.net for a full schedule of future performances.
The Triple Door Presents: Bob Mould – See A Little Light: An Evening of Reading and Music
"Bob Mould. Those two words are synonymous with integrity. From Husker Du in the last century to right at this moment, Bob is the real deal, writing and playing music for music's sake. He's a great songwriter and performer. I have been a fan of Bob's for thirty years now with no end in sight." -Henry Rollins
Please visit www.thetripledoor.net for a full schedule of future performances.
Why Choose BDO for your SOC (previously SAS 70) Reports?
BDO’s experience in providing attestation services (SAS 70/SSAE 16, AT 101, AT 201, AT 601, etc.) to a broad range of industries, and our team of skilled professionals distinctly qualifies us to serve as your company’s Service Auditor. By leveraging the BDO global network of control specialists, we are poised to provide global services in more than 1,000 offices and across 119 countries. Many organizations find that investing in reports on controls may result in benefits, including:
• Increased client confidence
• Improved competitive advantage
• Minimization of frequent audits
• Streamlined business processes and controls
• Enhanced risk management
For detailed information contact Paul Martini at pmartini@bdo.com.
