LLBean suing AdWare advertisers, can they sue Gmail Adsense customers?

[blaze]

If LLBean sends an email to their customers and alternative companies appear via AdWords in the email, can LLBean sue those AdWords customers as well?

After all, the LLBean email is received because of the hard work that they have spent on their brand and could create some confusion, much in the way Gator/WhenU create confusion.

[SEOMike]

can LLBean sue those AdWords customers as well?

Wait a minute... Where is LL Bean doing this? This is about the most ludicrous think I've ever heard! SO, if I search LLBean jean short for men, and ANOTHER person that sells jeans shorts for men appears, they are getting sued? Is that for real? That's absurd! If you walk through the mall, there is more than one retailer of clothes. Can LLBean sue a store for displaying a product similar to theirs in the window?

I hope I'm not understanding this, because it's pretty scary sounding. Is there a post about this I missed?

[Sanenet]

[webmasterworld.com...]

[Sanenet]

Blaze - offhand, I would say only if Bean can prove that the ads were being triggered by their trademark (as they claim they can with the spyware issue).

So - if the ad is triggered by keyword "LL Bean", then I suppose they could sue (although since they can ask Google not to display that keyword...), but they don't have a leg to stand on if the trigger is the word "jean".

€0.02

[blaze]

Got it.

So really, all Gator/Whenu/Whatever needs to do is have people advertise based on keywords instead of Trademarks/Brand Names.

Their adverts will show up on LLBean's webpage but it's not triggered off of their trademarks.