Google Sued for Alleged Search Irregularities

New Haven, CTAs the Internet continues to evolve as an integral marketing tool for business, the ability to connect with clients and potential customers searching for your firm name is pretty much a no-brainer. Or at least one would assume. So imagine the surprise of a firm doing a cursory Google search of their firm name, only to have it come up second in the stack on the page. It's impetus for a Google lawsuit.

Above it, a sponsored advertisement for a competitor.

That's what happened to New Haven personal injury lawyers Michael Stratton and Joel Faxon—and that's why they've filed suit against Google in New Haven Superior court, alleging that the search engine giant improperly sold advertising rights to the Stratton Faxon name, to a competitor.

It isn't the only example. Other firms have found that when doing a Google search on their proper company, business or marketing name, a competitor's name is placed at the top of the stack above the searched name, as a sponsored ad. According to a May 27th report in the Connecticut LawTribune, gold-plated firms such as American Airlines and Geico have filed similar legal grievances with Google before ultimately settling them.

For its part the competing law firm indicated it was unaware of the problem, but acknowledged that it retained the services of an outside marketing firm. It was also established that, according to the unidentified marketing enterprise, the Stratton Faxon law firm was included in a series of keywords used in the online marketing strategy of personal injury firm Silver, Golub and Teitell (SGT).

In fact, according to an email from Richard Silver that appeared in the May 27th edition of LawTribune, other law firms besides Stratton Faxon were listed amongst the hundreds of keywords used on behalf of his law firm by their marketing consultants. "Our provider advised us at that time that it is customary to include names of other law firms in a Google Adwords campaign. However, I have instructed our provider to remove all references to any other law firms."

According to the LawTribune report the alleged adword purchase linked to SGT from a Stratton Faxon search had been removed later the same day Stratton Faxon's lawsuit was filed.

In the lawsuit filed against Google, Stratton Faxon alleges that "after contacting Google, it became clear that SGT was purchasing the Stratton Faxon name from Google to have their ads appear whenever a customer entered 'Stratton Faxon.'"

Stratton said his firm does no direct-to-consumer advertising because it receives 95 percent of its business from law firm referrals. "If it wasn't so damned deceptive, I'd be very flattered," he said of the search faux pas. "That's the oldest advertising trick in the book, trying to take over the name of the competitor."

Stratton indicated that in addition to suing Google, his firm was planning to ask the Connecticut Bar Association for an ethics opinion.

A spokesperson for the prominent law firm RisCassi & Davis, which also 'benefited' from a reference to Stamford-based SGT when a Google search was performed for the Hartford-based firm, noted that if an adword purchase was undertaken by an outside marketing company, the customer should have the right to know what they are buying.

When first contacted by a reporter after the Stratton Faxon suit was filed, one of the partners of SGT indicated it was the first he had heard of it. Richard Silver went on to say in the LawTribune report that had Stratton Faxon contacted their law firm directly, the situation would have been rectified immediately.

It should be noted that SGT was not named as a defendant in the Stratton Faxon lawsuit, which asks for a $50,000 pre-judgment lien against Google. It's also pursuing an injunction to prevent Google from selling Connecticut law firm names as so-called adwords.

When performing a Google search for either Stratton Faxon or RisCassi & Davis, those firms' websites always came up in the second position. Above it, shaded in light yellow to indicate a paid advertisement, was a listing labeled "Defending Patients' Rights." Smaller type showed the URL www.SGTlaw.com, which belongs Silver, Golub & Teitell.

Michael Stratton was not amused.

"I don't think Google should make money selling my law firm's name," he said.