Stayart v. Google Inc.

Beverly Stayart (plaintiff) claimed to be widely known and respected on the internet and believed herself to be the only “Bev Stayart” or “Beverly Stayart” on the internet. Stayart also claimed that her name carried commercial value for search engines. Stayart believed that one of those search engines, Google Inc. (Google) (defendant), used several of its features to generate revenue using Stayart’s name, without her permission, namely Google Suggest, AdWords, Sponsored Links, and Related Searches. Stayart thought these features caused a search for “bev stayart” to lead to a related or suggested search for “bev stayart levitra” before leading to sponsored links to websites advertising drugs to treat erectile dysfunction. Stayart previously sued Yahoo!, alleging that Yahoo!’s search engine features suggested a search for “bev stayart levitra” when Stayart typed “bev stayart.” Stayart believed Google’s misappropriation of her name and likeness started in February 2010, after Stayart sued Yahoo! over the “bev stayart levitra” search phrase. Stayart sued Google, alleging that Google misappropriated her name for financial gain through online advertising, violating Wisconsin’s misappropriation statute, which protected an individual’s right to privacy. Stayart also asserted a common-law misappropriation claim. Google moved to dismiss. The district court granted Google’s motion on the grounds that Stayart failed to state a plausible claim for relief. Stayart appealed.