A lawsuit filed on Tuesday by Google LLC against a half-dozen entity and individual defendants that do business under the name GVerifier claims that they operate a large-scale scam intended to exact payments from and sell fake or worthless services to individuals and small businesses.
The suit states claims under the Latham Act for GVerifier’s use of infringing logos as well as for breach of contract, unfair competition, and violation of the Federal Telemarketing and Consumer Fraud and Abuse Protection Act.
The Ohio-filed complaint alleges that GVerifier makes unsolicited telephone calls to Google Business Profile owners in the United States and Canada. During these calls, Google alleges that the defendant’s sales agents falsely represent that business owners must pay a fee, typically $99 for verification of a business profile, to ensure against disablement, or to provide search prioritization services.
For example, the complaint describes how GVerifier asks targets to verify or validate their Google listing under penalty of deactivation or search result demotion. The agents also purportedly make false claims that buying service from GVerifier will boost a business’s search results listing. “No service can guarantee that Google’s search engine, which uses a complex algorithm, will place a particular webpage on the first page of results, much less that it will be the very first result,” Google counters.
GVerifier persuades targets of its legitimacy using Google’s stylized trademarks, including its colorful “G” Logo, the suit says, thereby causing customers to believe GVerifier is associated with or authorized by Google when it is not.
The suit seeks preliminary and permanent injunctive relief halting the allegedly illegal use of Google’s trademarks as well as damages. Google is represented by Vorys, Sater, Seymour, and Pease LLP and Cooley LLP.
