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Lawyer’s Suit Against Google Transferred

Posted Apr 5, 2007 1:53 PM CDT
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Pennsylvania attorney Lawrence E. Feldman has seen his case against search giant Google transferred to federal court in California. The U.S. District Court for the Eastern District of Pennsylvania found he is bound by the company's "click wrap" agreement -- one of those pop-up windows that list terms of use that individuals must consent to if they are to use Google's AdWords advertising service.

Feldman bought the right for his law firm's ads to appear next to search results when Google users searched for terms such as “Vioxx,” “Bextra,” and “Celebrex,” according to the court's opinion.

Feldman claims he is a victim of click fraud -- when competitors or pranksters, without any interest in his services, click repeatedly on his ad, driving up his advertising cost -- and he blames Google for not warning him about the practice. But the click wrap agreement required all disputes to be decided in Santa Clara County, and it controls, the court found.

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