Suing the SearchEngines?

[Jason]

I was going to post this under Search Engines at first, but then thought the legal forum would be a better fit.

We all hate it when search engines return crappy results, but are they actually liable for doing so? Seems some think they are, and have gone so far as to file suit over it:

http://searchenginewatch.com/sereport/02/02-bodysolutions.html

"A new chapter in search engine law was opened last week, when Mark Nutritionals filed lawsuits seeking $440 million in damages for alleged trademark infringement and unfair competition against AltaVista, FindWhat, Kanoodle and Overture.

The four search engines named all have paid placement listings that appear when searches are conducted for the term "body solutions." Body Solutions is also the name of a weight-loss program made by Mark Nutritionals. The company believes the ads are misleading consumers and infringing its trademark on the Body Solutions name.
"

Personally, I don't think that this case has a leg to stand on, but if the plaintiff would win, then those paid search engine listings may be more costly than profitable for the engines that have begun using them.

Thoughts?

[OZGRESSION]

I think it has 2 legs to stand on :). If someone was to type in Coca Cola and got, for arguements sake, Pepsi as the top result I think it is misleading & morally wrong. However, is it worth sueing over, I don't think so. Let alone $440 million. If the plantiff wins this will open the flood gates.

So in summary, I don't like the practice, but I don't think anyone (let alone the search companies) is liable for any losses.

[SteveS235]

Gee, that's a tough call. I can see their point about people not being able to find their site due to the paid listings.

I went to Altavista to try this search. They, unlike Yahoo, do not list the top search results as "Paid Listings".

If you do the search for body solutions, you don't see their site.

If you do a search for "body solutions", their site comes up #2.

I think it's too subjective. If someone does a search for body solutions, they could be looking for any number of things, and not necessarily the weight loss formula.