Plaintiff challenges the lawfulness of Defendant’s keywordsuggestion tool in its for-profit “Google AdWords” program.
A. Background On Search Engines
Defendant is a highly recognized corporation most known forits widely used search engine website. As part of operating itssearch engine, Defendant “indexes” websites, and collectsinformation regarding their contents so that it, in turn, canstore the information for use in formulas which respond to searchqueries. Generally, when a user enters a query into Defendant’swebsite, the search engine will process relevant websites basedon several information factors and then return results to theuser.Web designers routinely use this process to influence theirranking on Defendant’s results page. Prior to building a site,web designers will often conduct a keyword search using variousavailable keyword tools in order to determine what terms orphrases internet users are most commonly searching for. A webdesigner will then build its site around more popular searchterms in order to ensure a higher rank on a search engine resultspage.//////The factual assertions in this section are based on the
allegations in Plaintiff’s Complaint unless otherwise specified.2
Case 2:09-cv-03065-MCE -KJN Document 50 Filed 02/15/11 Page 2 of 17