At least one Yahoo ain't happy to be stuck in Texas. The Internet company lost a bid to transfer a keyword advertising fight with American Airlines from Fort Worth to San Jose, reports the Houston Chronicle.
It’s a trademark infringement case in which American Airlines accuses Yahoo of selling ads to the airline's competitors that are displayed when Internet users search for "American Airlines" on Yahoo. Google settled a similar case against the airline last summer (try searching for “American Airlines” in Google and see if any competitors’ ads come up now).
And Yahoo really really didn’t want to be in Fort Worth
So why was Yahoo so intent on gettin' the heck out of Texas
The Second Circuit back east used to be the preferred venue for defendants in these cases –- and it’s the place where a closely watched case between Rescuecom and Google is taking place. But Goldman said that the oral arguments in the Google-Rescuecom case left some observers thinking that Google and defendants in general might not be so in favor any more.
Goldman said it’s possible that Yahoo wanted to try it out here because of the Ninth Circuit’s favorable take on the “nominative use defense,
“Yahoo may have been saying it’s better to dance with the devil you know,
- Zusha Elinson