Forbes.com: Does Geico Own 'Geico' Or Does Google?

Forbes.com: Does Geico Own 'Geico' Or Does Google? Does Geico Own 'Geico' Or Does Google? Dan Ackman, 12.13.04, 10:18 AM ET NEW YORK - Geico doesn't mind you Googling Geico, but when you do, it wants Google to tell you about Geico, not Allstate or AIG. More From Dan Ackman This is the crux of a lawsuit going to trial today in Virginia pitting the car insurer, a subsidiary of Berkshire Hathaway (nyse: BRKa - news - people ), against the search engine that says it wants to organize the world's information, information on car insurance included. Geico sued Google (nasdaq: GOOG - news - people ) in May claiming trademark infringement. The insurer says Google links ads from Geico's rivals to searches for "Geico" itself. This sending of Geico hunters to destinations apart from Geico hurts Geico, Geico says. But Google says what it does is perfectly legal, a form of "fair use" that does not violate Geico's intellectual property. It says that Geico may own Geico, but the word "Geico" is up for grabs. This form of fair use is big business for Google. It makes the bulk of its revenue, which was $806 million in the third quarter, from selling ads that are targeted to search results. Thus, a search for "Geico" leads to Geico on the left side of the screen, but on the right side, there are "sponsored links" to AIGauto.com, onlinemarts.com and cheapercarinsurance.com. Google went public in August, raising $1.67 billion and its stock has soared since then. The suit raises novel legal claims. But in heading for trial, Geico has already won a partial victory as Judge Leonie Brinkema of the U.S. District Court for the Eastern District of Virginia this August refused to throw it out on legal grounds. The suit was originally against Overture as well. But Overture settled earlier this month, leaving the more alliterative battle, Geico v. Google, the only case on trial. Intellectual property law experts are skeptical about Geico's chances. "The case law in this area is very primitive and unformed," says Susan Crawford, who teaches cyberspace law at Cardozo Law School. But Google, she adds, has "very strong arguments" as there is simply no confusion created that would undermine Geico's mark. Insurance Quotes Phoenix Arizona Real Estate MLS Listings World Famous Recipes