Feldman v. Google, Inc.
United States District Court for the Eastern District of Pennsylvania
513 F.Supp.2d 229 (2007)
Lawrence Feldman (plaintiff), an attorney, purchased advertising through Google, Inc.’s (defendant) “AdWords” program in an attempt to attract new clients. Under the program, if an internet user searched using key words purchased by Feldman his law firm ad would appear at the top of the webpage. Once an internet searcher clicked on Feldman’s ad, Google charged him. This type of advertising is called “pay per click” advertising. Feldman claimed that competitors or pranksters intentionally clicked on his ad to drive up the cost of his advertising which exceeded $100,000 over a three-year period. Nevertheless, Google required Feldman to pay for the “clicks.” Feldman filed suit against Google for damages, disgorgement of any profits Google obtained as a result of any unlawful conduct, and restitution of money Feldman paid for fraudulent clicks. Google filed a motion to dismiss Feldman’s complaint, or in the alternative, to transfer the case to California. Feldman filed a cross-motion for summary judgment. The court ruled on both motions.
Rule of Law
Holding and Reasoning (Giles, J.)
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