By Rosie Manins (November 10, 2021, 6:49 PM EST) — Georgia Supreme Court justices struggled Wednesday with the practical implications of Edible Arrangements’ claims that Google is improperly profiting off its trade name and goodwill by selling advertising space associated with the name.
Edible IP LLC, an Atlanta-based franchise company, claims that since 2011, Google LLC has been auctioning “Edible Arrangements” as a search term to advertisers for priority placement on its search results pages for those keywords. Edible argues that Google’s advertising model constitutes a theft of its property rights under Georgia law.
But Chief Justice David E. Nahmias pointed out during oral arguments that shopping malls use anchor stores,…
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