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Maine Senator Susan Collins is in for a tough re-election fight this year, made more difficult by thousands of dollars being spent on behalf of her opponent by MoveOn.org.

She tried to post an ad on Google, but was told the content was unacceptable as it violated Google’s trademark policy.

Internet giant Google has banned advertisements critical of MoveOn.org, the far-left advocacy group that caused a national uproar last month when it received preferential treatment from The New York Times for its “General Betray Us” message.

The ads banned by Google were placed by a firm working for Republican Sen. Susan Collins’ re-election campaign. Collins is seeking her third term.

Earlier this week, Google told Lance Dutson, president of Maine Coast Designs, that the ads he placed for Collins had been removed and would not be allowed to resume because they violated Google’s trademark policy.

Google’s Web site states, “Google takes allegations of trademark infringement very seriously and, as a courtesy, we’re happy to investigate matters raised by trademark owners.” That suggests Google acted in response to a complaint by MoveOn.org.

The banned advertisements said, “Susan Collins is MoveOn’s primary target. Learn how you can help” and “Help Susan Collins stand up to the MoveOn.org money machine.” The ads linked to Collins’ campaign Web site with a headline reading “MoveOn.org has made Susan Collins their #1 target.” The Collins Web site claims that MoveOn has contributed $250,000 to her likely Democratic opponent and has run nine ads against her costing nearly $1 million. The Web site also displays MoveOn.org’s controversial “General Betray Us” ad….

…Dutson said the Collins campaign’s anti-MoveOn ads were intended to raise awareness nationally of how MoveOn and left-wing blogs like Daily Kos and FireDogLake have made the moderate Maine Republican their top 2008 Senate target. The same coalition supported Ned Lamont in the 2006 Democratic Senate primary in Connecticut against Sen. Joseph Lieberman. Lieberman then went on to win re-election as an independent after defeating Lamont in the general election.

Ronald Coleman, a lawyer and leading expert on online intellectual property disputes, noted that, as a private company, Google has the right to treat different advertisers differently.

But he called Google’s removal of the Collins ads “troubling.” Coleman says that there is no such requirement under trademark law and that Google appears to be selectively enforcing its policy.

“In a recent ruling, the Ninth Circuit Court of Appeals rejected the notion that there is anything like a cause of action under the Lanham Act, the statue governing trademark law in the United States, for so-called ‘trademark disparagement,’ ” Coleman said. The courts have also rejected the notion that the use of a trademark as a search term is a “legally cognizable use” as a trademark use under federal trademark law, he added. Coleman is also general counsel for the Media Bloggers Association.

Google routinely permits the unauthorized use of company names such as Exxon, Wal-Mart, Cargill and Microsoft in advocacy ads. An anti-war ad currently running on Google asks “Keep Blackwater in Iraq?” and links to an article titled “Bastards at Blackwater — Should Blackwater Security be held accountable for the deaths of its employees?”

So, what’s the deal? The deal is Google is in the hip pocket of the Democratic party and will not be fair to anyone who isn’t.

Written by ~J~

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