Trademark Claim Survives in Google Pirated Textbook Ads Suit

By Editorial Team | June 5, 2025

A recent ruling in a lawsuit against Google LLC has seen a trademark infringement claim survive, while a copyright claim was dismissed by a New York federal judge. The lawsuit alleged that Google allowed counterfeit textbook sellers to use Google's AdSense platform despite receiving infringement notices.

The decision, handed down by Judge Jennifer L. Rochon in the US District Court for the Southern District of New York, highlighted that Google did not exert the necessary control and supervision over the alleged pirate sites to establish vicarious copyright infringement. However, the publishers involved in the case, including Cengage Learning Inc., MacMillan Learning, EElsevier Inc., and McGraw Hill LLC, successfully pleaded their trademark infringement claim.

This ruling indicates that Google could potentially be held liable for the use of infringing marks in ads displayed through its AdSense platform. The case sheds light on the complexities of intellectual property law in the digital age and the responsibilities of online platforms in policing trademark violations.

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