keyen farrell sues jeremy schoemaker

8/14/2019 Keyen Farrell Sues Jeremy Schoemaker

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Case: 8:09-cv-00188 Document #: 1 Date Filed: 06/08/2009 Page 1 of 8

IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF NEBRASKA

Plaintiff,

)))))))))))

COMPLAINT

CASE NO.KEYEN FARRELL

vs.JEREMY SCHOEMAKER

Defendant.

COMES NOW the Plaintiff, Keyen Farrell ("Farrell"), and for his Complaint againstJeremy Schoemaker ("Schoemaker") states and alleges as follows:

PARTIES1. Schoemaker is a resident of Lancaster County, Nebraska and is the President of

ShoeMoney Media Group, Inc.2. Farrell is a resident of the State of New York.

JURISDICTION AND VENUE3. This Court has jurisdiction over the subject matter of this action pursuant to 28

U.S.C. 1332 because the action is between citizens of different states and the amount incontroversy exceeds the sum of $75,000.00 exclusive of interest and costs.

4. Venue is proper in this district because Schoemaker resides within LancasterCounty.

FACTUAL ALLEGATIONS5. When internet users enter search terms in ww.google.com. Google's search

engine displays advertisements of various entities that may be of interest to the internet user. Inconjunction with this, Google sells contextual advertising through a program called "AdWords.""AdWords" allows advertisers to bid for their advertising hyperlink to appear above or next toGoogle search results when internet users enter specific search terms in a Google search.

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6. Farrell has been employed by Google, Inc. ("Google") in New York, New Yorksince September 17, 2007. At all material times hereto, Farrell has been employed as anAccount Coordinator at Google.

7. An "AdWords" advertising hyperlink contains the text of an advertisement. Theseare known as sponsored links. If an internet user is interested, the user can click on the hyperlink,which takes the internet user to the advertiser's website.

8. On or about January 22, 2009, Farrell opened a Google "AdWords" account with the

financial sponsorship of his father, John J. Farrell, and under the name John J. Farrell, for thepurpose of advertising the website, ww.myincentivewebsite.com.

9. Farrell created his list of thousands of keywords to be included in his Adwords

account by searching ww.google.com/sDonsoredlinks using generic terms such as "internetmarketing". The sponsored links generated by this search were transferred to an Excelspreadsheet and the visible URLs were then refined as a group of keywords through use of genericExcel filters and various concatenation formulas. These same filters and concatenation formulaswere also used to create thousands of corresponding Ad Groups and advertisements. Eachgrouping of keywords and advertisements is known as an Ad Group. Using this automatedprocess, it was possible to mass-produce thousands of small, tightly themed Ad Groups, each ofwhich contained a small number of keywords.

10. This list of thousands of keywords, Ad Groups, and advertisements was contained

on a large excel spreadsheet prepared by Farrell and commonly known as a bulksheet. Thisbulksheet was uploaded to the AdWords system using AdWords Editor, a free desktop softareGoogle provides to advertisers to enable bulk changes to their AdWords account. Once the entirecampaign was uploaded via AdWords Editor, AdWords Editor was used to duplicate the campaignto allow for various campaign-level settings. By duplicating the campaigns, every Ad Groupcontained in the campaign was automatically duplicated by AdWords Editor. This resulted in

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several thousand duplicate Ad Groups. In most cases, AdWords Editor created 4 duplicate AdGroups from each original Ad Group.

11. Google has an internal review policy that it does not allow advertisers to use aregistered trademark in the text of sponsored links. When a keyword is submitted for an "AdWords"account, it is Google's responsibility to determine whether the keyword is a registered trademark inorder to prevent the trademark from appearing in the text of the advertisement.

12. Farrell relied upon this internal review policy at Google in setting up his "AdWords"

account. Without Farrells knowledge, Google's internal review process failed to prevent the term"shoemoney" from appearing in the text of some of the advertisements associated with the"AdWords" account Farrell opened on January 22, 2009.

13. Farrell used an advertising technique offered by Google known as DynamicKeyword Insertion advertising. In this type of advertising, the keyword in the AdWords account isinserted into the advertisement whenever someone searches on it. When an advertisement withDynamic Keyword Insertion is created, a special headline for the advertisement is created. Thenthe Google system automatically inserts the keyword in your account into the headline of theadvertisement when it is searched. Farrell did not create a static advertisement that explicitlycontained the term "shoemoney"; instead the term was inserted dynamically and without Farrellsknowledge. Farrell merely provided the syntax of the advertisement headline that would allow thekeyword to be inserted into the advertisement if and only if the Google system deemed the keyworduntrademarked.

14. At no time did Farrell intend to infringe upon the ShoeMoney trademark in any way.

15. Farrell first learned of the ShoeMoney mark on or about March 31, 2009 whencounsel for Schoemaker and ShoeMoney Media Group sent Farrell a cease and desist letter. Atrue and correct copy of this letter is attached hereto and incorporated herein as Exhibit A.

16. On March 31, 2009, in response to the cease and desist letter, Farrell informedShoeMoney's counsel that the term "shoemoney" appeared in the advertisement because it was a

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keyword insertion advertisement. A true and accurate copy of that email is attached hereto andmarked as Exhibit B.

17. As a result, on that same day, Farrell voluntarily changed the "Ad Words" accountregistered to John J. Farrell so that the term "shoemoney" was no longer associated with thataccount. In addition, Farrell complied with the request made by Schoemaker and ShoeMoneyMedia Group to provide information relating to his "AdWords" account at Google.

18. Despite Farrells swift and thorough response to these requests, on or about April 2,

2009, counsel for Schoemaker and Shoe Money Media Group sent Farrell a letter demanding thathe provide a written apology to Schoemaker and ShoeMoney Media Group and pay ShoeMoneyMedia Group $10,000 by the end of business on April 6, 2009. A true and correct copy of this letteris attached hereto and incorporated herein as Exhibit C.

19~ Farrell did not take any action to circumvent federal law and/or the Google policyto allow the SHOEMONEY mark to appear in the text of the sponsored links of the "AdWords"account. Farrell has consistently informed counsel for Schoemaker and ShoeMoney MediaGroup that Google's internal review process failed to prevent the term "shoe money" from appearingin the text of the advertisements associated with the "AdWords" account without Farrells

involvement whatsoever.20. On April 7, 2009, ShoeMoney Media Group, Inc. filed suit against Keyen Farrell and

John Farrell alleging that the Farrells infringed on its trademark, violated certain Nebraska statutes,and they tortiously interfered with its business ("Action"). The Farrells have categorically deniedsuch allegations.

21. After filing the Action, Schoemaker admitted in a statement made on his website

that he lacked knowledge about how the alleged display of his unauthorized trademark occurred.Nevertheless, Schoemaker published the false and defamatory statement that Farrell "bypassed"Google's procedures in an effort to infringe on his trademark. A true and correct copy of thisstatement is attached hereto and incorporated herein as Exhibit D.

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22. Schoemaker made false and defamatory statements in his communication withDenny Sullvan ("Sullvan") who operates the website, searchengine/andcom, when he toldSullivan that Farrell is a "corrupt employee". Sullivan stated:

"Talking with Schoemaker, he stressed that he assumes Google itself had noknowledge of Farrells actions, nor is he filing suit against Google itself.'Our goal in this is not for financial gain but to defend ourtrademark that we have spent many years building trust with.People (commenting on) the TechCrunch story talk like Google isgoing to write me a big check, but that is just silly. This is not goingto be a cash flow positive thing for us i am pretty sure. And i do nothonestly think nor do we have any evidence that Google wasinvolved or had knowledge of this corrupt employee.'" (QuotingSchoemaker).

A true and correct copy of this statement is attached hereto and incorporated herein as ExhibitE.

23. Farrell has been subjected to public scorn and ridicule as a result ofSchoemaker's public comments.

24. In May 2009, Google released the following statement regarding the lawsuitbrought by Schoemaker and ShoeMoney Media Group against Farrell and John J. Farrell toSullivan's website, Search Engine Land:

"The privacy and security of our users and advertisers' account information is atop priority for us, and our internal policies prohibit any use of non-publicadvertiser data for personal gain. After a thorough investigation, we found noindication that any employee purposefully tampered with or circumvented any ofthose policies, processes or procedures, including our trademark filteringprocess. Due to an unrelated human error, however, some ads with the"Shoemoney" trademark in the text were unintentionally allowed to run. The errorhas since been corrected, and the ads ran only for a short time." (Emphasisadded.)

The author of the website comment also stated:"Talking with the company a bit further, it stressed that the human error was onthe part of another AdWords employee, not Keyen FarrelL, who is the defendantin the case Jeremy "ShoeMoney" Schoemaker has filed involving the use of histrademarks in AdWords copy." (Emphasis added.)

A true and correct copy of this statement and comment are attached hereto and incorporatedherein as Exhibit F.

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25. Google has since affirmed that the statement made on Sullvan's website is true.26. On or about May 21, 2009, counsel for Farrell and John J. Farrell sent a letter to

counsel for ShoeMoney Media Group, Inc. advising them of Google's statement set forth in ExhibitE. Consistent with Google's statement, and in attempt to avoid further damage to Farrells

reputation, ShoeMoney was requested to acknowledge that the trademark terms were displayed inthe "AdWords" account through no fault of Farrell and John J. Farrell, dismiss the Action and takecorrective action. A true and correct copy of this letter is attached hereto and incorporated hereinas Exhibit F.

27. Neither Shoe Money or Schoemaker has responded to that letter, nor have theyacknowledged that the trademark terms were displayed in the "AdWords" account through no faultof Farrell and John J. FarrelL.

COUNT IDEFAMATION28. Farrell incorporates by reference paragraphs 1-27 of the Complaint as if set forth

fully herein.29. Schoemaker has made false and defamatory statements concerning Keyen Farrell,

including but not limited to the statements that Farrell "bypassed" Google's procedures in an effortto infringe on his trademark and that Farrell is a "corrupt employee." See Exhibits D and E.

30. Schoemaker published false and defamatory statements concerning Farrell to thirdparties including publication on the Internet.

31. Schoemaker has made false statements concerning Farrell that are defamatory perse because the defamatory statements impute an unfitness to perform the duties of hisemployment at Google and/or the defamatory statements prejudice Farrell in his profession ortrade.

32. Schoemaker was grossly negligent or wilful in making the defamatory statementsconcerning FarrelL.

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33. At this time Farrell has suffered general damages as a result of Schoemaker's

defamatory statements.COUNT IITORTIOUS INTERFERENCE WITH A BUSINESS RELATIONSHIP

34. Farrell incorporates by reference paragraphs 1-26 of the Complaint as if set forth

fully herein.35. Farrell has a valid business relationship with Google by virtue of the fact that he

has been employed at Google since September 17, 2007.36. Schoemaker knew that Farrell was an employee of Google, and thus he knew

that the valid business relationship existed between Farrell and Google.37. Schoemaker interfered with Farrell's valid business relationship with Google

when he falsely stated that Farrell "bypassed" Google's procedures in order to infringe on histrademark and that Farrell is a "corrupt employee." See Exhibits D and E.

38. Schoemaker intentionally interfered with Farrells valid business relationship withGoogle because his statements were made with the purpose of interfering or with knowledgethat interference was substantially certain to occur and/or were made with intent to have Farrellterminated by Google.

39. Schoemaker's interference with Farrells valid business relationship with Googlewas unjustified.

39. Schoemaker's interference with Farrells valid business relationship with Googleproximately caused damage to FarrelL.

WHEREFORE, Farrell prays for judgment against Schoemaker in an amount to beestablished at trial along with all other relief this Court deems just.

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DEMAND FOR JURY TRIALPlaintiff demands trial by jury to be held in Omaha, Nebraska.DATED June 8, 2009.

KEYEN FARRELL, Plaintiff

By: /s/ J. Scott PaulJ. Scott Paul, #16635Michaela A. Smith, #22737McGrath, North, Mullin & Kratz, PC LLOFirst National Bank Tower, Suite 37001601 Dodge StreetOmaha, NE 68102(402)341-3070(402)341-0216 (fax)ipaul(cmcgrathnorth .com

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IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF NEBRASKA

Plaintiff,

)))))))))))

SUPPLEMENT TO COMPLAINT

CASE NO. 8:09-cv-188KEYEN FARRELL

vs.JEREMY SCHOEMAKER

Defendant.

COMES NOW the Plaintiff, Keyen Farrell ("Farrell"), and for his supplement to theComplaint (Document No.1) attaches Exhibit A, Exhibit B, Exhibit C, Exhibit D, Exhibit E, ExhibitF and Exhibit G hereto.

DATED June 8, 2009.KEYEN FARRELL, Plaintiff

By: /s/ J. Scott PaulJ. Scott Paul, #16635Michaela A. Smith, #22737McGrath, North, Mullin & Kratz, PC LLOFirst National Bank Tower, Suite 37001601 Dodge StreetOmaha, NE 68102(402)341-3070(402)341-0216 (fax)ipaul(cmcgrathnorth .com

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Case: 8:09-cv-00188 Document #: 3-3 Date Filed: 06/08/2009 Page 1 of 1

From: Keyen Farrell .okeven.farell~~ai1.com~Date: Tue, Mar 31, 2009 at 1:59 PMSubject: Re: Shoemoney Trademark --- Cease and Desist and Demand LetterTo: "COOPER, PATRICK" .oPCOOPER~fraserstrvker.coiW .

Patrick,The ad you cited only contained the shoemoney name because it is a keyword insertion ad thatinserts any query into the headline.Shoemoney is completely unimportt to our keyword strategy. The keyword was received in akeyword dump - it is one oftens of thousands of keywords we bid on. In fact it does not generaterevenue for us.That said, we've removed all keywords related to your trademark. This means that no ads willshow on the query.

On Mar 31, 2009, at 11 :49 AM, "COOPER, PATRICK" .oPCOOPER~FraserStryker.com~wrote:Mr. Farrell -Please see attached letter.Patrick S. CooperFraser Stryker pc LLO500 Energy Plaza409 South 17th StreetOmaha, NE 68102Direct Dial 402.978.5376Fax 402.341.8290pcoopertmfraserstrvker.com

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Photos Podcasts Kindle Edition Store Located In Lincoln NebraskaBils

Contact Advertising Bio Disclaimer Free Shirt Friday

ShoeMoney Media Group Vs Keyen FarrellPosted 2 months ago by Jeremy Schoemaker 19 Comments_""'''",__y~""W'_'''_~''''~~__""__~__,_"",,,__Y_'~.=..=.._.

put together an offcial statement.page of Techcrunch, Search Engine Land, John Chow, Washington Post and

come to a court room to get results.Omaha, NE - "Shoemoney" is the registered trademark of ShoeMoney MediaGroup. The Group was founded by Jeremy Schoemaker.Recently, a competitor of ShoeMoney Media Group began posting infringingadvertisements online through the Google Adwords program. Theadvertisements used the word "Shoemoney" in their text. These unauthorized"Shoemoney" advertisements deceptively led Google users to a web site thatwas completely unrelated to ShoeMoney Media Group. ShoeMoney MediaGroup has learned that Keyen Farrell, a Google Adwords account specialist,was affliated with the offending web site, ww.myincentivewebsite.com.To protect its Registered Trademark, ShoeMoney Media Group filed suitagainst Farrell on April 7, 2009. According to Mr. Schoemaker, "ShoeMoneyMedia Group has spent considerable time and money to build its brand andreputation in the market, and it wil continue to vigorously protect its intellectualproperty rights and wil aggressively pursue those persons who attempt to useits copyrights and trademarks for their own commercial gain." The lawsuit isdocketed in Nebraska's Douglas County District Court as Doc. 1094 No. 482.

. EXHIBIT

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Date Filed: 06/08/2009 Page 2 of 4 Page 2 of 4It is not yet known how Mr. Farrell bypassed Google policy preventingadvertisers from displaying trademarked terms in the text of their ads, nor is itknown whether this was an isolated act of infringement or part of a largerpattern of infringing conduct.

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Who's talking about it?Google Employee Sued By ShoeMoney for TOS Violation (( MUL TIMAP .MEApril 15, 2009Google Employee Sued For TOS Violation I Adultresources.lnfoApril 15, 2009Google Employee Sued For TOS Violation i Press Release -Reputation ManagementApril 14, 2009Google Employee Sued For TOS Violation i Search-Internet MarketingApril 14, 2009Google Employee Sued For TOS Violation: virtual gamblingApril 13, 2009Google Employee Sued For TOS Violation I SEa Ranking, Marketing and TacticApril 13, 2009Google Employee Sued For TOS Violation I News I Adsense Money Making Blog For Advice On Racking InThe Cash With AdsenseApril 13, 2009Google Employee Sued For TOS Violation I Corporate Internet Reputation ManagementApril 13, 2009Google Employee Sued For TOS Violation - News: Everything-eApril 13, 2009Google Employee Sued By ShoeMoney for TOS Violation )) PageTraffic SEa Bl09April 13, 2009TaT: LesestofffOrOstern...April 9, 2009ShoeMoney, su demanda y el escndalo en Google AdWords I JuanCash.comApril 9. 2009

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Date Filed: 06/08/2009 Page 3 of 4Page 3 of 4Google Employee Alleged To Have Bypassed AdWords Trademark Policy For Own BenefitApril 9, 2009

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Shoemoney vs. Google Employee? it's on Like Donkey Kong I BlipplttApril 9, 2009Articles about Internet Marketing Expert as of April 9, 2009 i The Lessnau LoungeApril 9, 2009ShoeMoney Vs Keyen FarrellApril 9, 2009

Most FInternet Marketing Guru Sues 'Keyword Squatter' i Klkablnk NewsApril 9, 2009Earn More With Adsense)) ShoeMoney Media Group Vs Keyen FarrellApril 9, 2009ShoeMoney Media Group Vs Keyen Farrell I Free Money GuideApril 9, 2009

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Dany Sullvanuit against Keyen Farell, apparently aSchoemaker's US-registered trademark in search ads on Google. While issues

appear when a trademark word isbut it prohibits advertisers from using trademarks in the title or description of ad copy.- that ads were showing for his nickname, "ShoeMoney,"

the ad using "ShoeMoney" in the title from last week:

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Google AdWords Trademark Team Thu, Nov 1,2007 at 4:13 PMHello Jeremy,Than you for sending us your trademark complaint letter. Your complaint has been processed and the adtexts in question no longer include your trademark: SHOEMONEY. Please note, we only processed theexact trademark you submitted. If you would like us to investigate variations or misspellngs of yourtrademark, please supply us with a list of the exact varations or misspellings and we wil review them.Please do not hesitate to contact us with any additional questions or concerns.

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21/38

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om, contact detals for that site were masked using a privacy address for the domai

As TechCruch explains fuer, Schoemakerwith Farell, who apparently denied any wrongdoing. As par ofthat conversation, Farell apparentlyterms he was tageting - which raised alarms with Schoemaker, as they were similar to his own list.working as a Google

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!._~....,"'.....,..",..,.,.,.,..,~ ...'"...1.,..,.'.'...M'.M;.'...,,,....,;.;."'.,...,.,,:,',;~.:,"~.."""I';",:,',wGoogle." Farell was also f~atmed in a Spring 2006 aricle from Colby College about

that was the case, of course, it makes you wonder why he apparently later worked what appears to be a low-

assumes Google itself had no knowledge of Farell's actions, nor is he

Our goal in this is not for financial gain but to defend our trademark that we have spent many yearsbuilding trust with. People (commenting on) the TechCruch story tak like Google is going to wrte me abig check, but that is just sily. This is not going to be a cash flow positive thing for us I am prett sure.And I do not honestly think nor do we have any evidence that Google was involved or had knowledge ofthis corrpt employeewhat was going on. But it stil raises questions about how people are able

revenue earned by using the "shoemoney" term

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23/38

c~)~l~it Page 5 of 1.ge 5 of 10Whle we take this kind of allegation seriously, we're not able to comment on specifics right now.

Land. He's a widely cited authority on search engines and searchcalled Daggle and can be followed on Twitter here.

. Video, Legal: Trademarks, Top News sections ofthe Members Librar where ths story is fied. Membersl~~ ~:~~~~;e video content, a members-only weekly & monthly newsletter, plus more.

assed AdWords Trademark Policy For Own Benefit

12: 04. am.ET:prett good case.

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Chris Smith, April 9th. 2009 at 10:24 am ET::premium member since 01/2009I have a theory as to how the trademark block was bypassed:

against trademarks in static text.

iOth. 2009 at 10:12 am ET:Keywords. It isn't a perfect mechansm,

ly, human error can result in similar problems. A client of mine with a UK national brand was unable to useradically different product). Mistaes happen, as well as intentional activity. Both problemsto the ones that should have been checked.

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lVWH~ J.ftdeingqlllcf~~fit Page 7 of 10Page 7 of i 0

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. Chris Reynolds sai4 " It seems a bit like reinventing the wheel to build this network ofredirectors yourself - whaabout". MarcD said" Nice story! I just want to add that Bing makes me thin of Chandler Bing of Friends. I'm not sureif'

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pps3lJdenmil~~re)f'8~gefitpage 1 0 of f~ge 10 of 10. Mikkel deMib Svendsen. Offcial Google Webmaster Central Blog. Sifr' s Alerts. g.oogle.dirson.com. Gp..le Blogoscoped

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ntactlMembers InfolRSS FeedslEmail Sub.scrjptignsIPrivacyIAdvertistlal()a.i11lElS iia netves IlallwlndoW5uvelerved. Google, Yahoo & Microsoft logos trademark respective companies and used with

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29/38

:'~ Date Filed: 06/08/2009 Page 1 of 7 Page 1 of?

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it? StartHere!. Home. News. Features. Columns. How To. Newslett~:L-k Feeds. Members Only. Events. Qllmunity. About.Us

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anny SullvanWhy Hasn't Google Cleared. Fired Or Suspended Accused AdWords Employee? article asked

publicly commented about accusations that one of their employees may have abused the

The privacy and security of our users and advertisers' account information is a top priority for us, and ourinternal policies prohibit any use of non-public advertiser data for personal gain. After a thoroughinvestigation, we found no indication that any employee purposefully tampered with or circumvented anyof those policies, processes or procedures, including our trademark fitering process. Due to an unelatedhuman error, however, some ads with the "Shoemoney" trademark in the text were unintentionally allowedto run. The error has since been corrected, and the ads ran only for a short time.

his

long time, but at least we


30/38

aker informs us today that that the defense has withdraw its motion for dismissal, so the case wil

Article

I News Via Twitter

See more stories like this in the Members Library! Check out the Google: AdWords, Google: Employees,L.~al: Trademarks, I.Q1News sections of the Members Library where this story is filed. Members also getaccess to exclusive video content, a members-only weekly & monthly newsletter, plus more. Check out allthe benefits!

the times they haven'tany CLICK FRAUD, price gouging or unfair business practices loll

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31/38

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. cheinyeanlim said II For years, Microsoft has tried to shrug off its reputation as a monopolistic tyrant. Todaycomes newllS~~AllJ!_

yourAde by Cole

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JiW~Is~se Date Filed: 06/08/2009 Page 7 of 7 Page 7 of7~ 2009 Third Door Media, Inc. All rights reserved. Google, Yahoo & Microsoft logos trademark respective companies and used wthpennission.

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Case: 8:09-cv-00188 Document #: 3-8 Date Filed: 06/08/2009 Page 10f 3Me Gl\THNOl\THATTORNEYS AT LAW

J. SCOTT PAUL Plne (402) 341.3070Fax (40) 341-0216

E-mail apaulOmcgrthnorth.com

May 21,2009

Via Emall & U.S. Mall .II

EXHIBITG" "Patrick S. CooperFraser Stryker PC LLO500 Energy Plaza409 S. 17th Street

Omaha, NE 68102PCOOPERtQFraserStryker.comRe: Shoemoney Media Group, Inc. v. Farrell;http://searchengineland.com/google-clears-employee-in-shoemoney-case-19481

Dear Pat:I presume you are aware of your client's ongoing efforts to keep the internet updated

regularly about the events of this case. Nevertheless, i wanted to make sure that he shared withyou the comment that recently Google released to the blog From Search Engine Land. Here isthe post from that website that contains Google's comment: ."The privacy and security of our users and advertisers' account information is atop priority for us, and our internal policies prohibit any use of non-publicadvertiser data for personal gain. After a thorough investigation, we found noindication that any employee purposefully tampered with or circumvented any ofthose policies, processes or procedures, including our trademark filteringprocess. Due to an unrelated human error, however, some ads with the"Shoemoney" trademark in the text were unintentionally. allowed to run. The errorhas since been corrected, and the ads ran only for a short time."

The author of the website comment also stated:"Talking with the company a bit further, it stressed that the human error was onthe part of another AdWords employee, not Keyen Farrell, who is the defendantin the case Jeremv "ShoeMonev" Schoemaker has filed involving the use of histrademarks in AdWords copy."

I believe this is Google's comment and is consistent with what I have been tellng you.After the filing of this lawsuit, your client has admitted in a statement made on hiswebsite that he lacked knowledge about how the display of his unauthorized trademark

McGrath Norh Mulln & Krtz, PC llPint National Tower, Suite 3700 1601 Do Strt Omha, NE 68102 WW.mcgrathnorcom


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Case: 8:09-cv-00188 Document #: 3-8 Date Filed: 06/08/2009 Page 2 of 3Patrick CooperMay 21, 2009Page 2

occurred, yet that did not stop him from making the unfounded assumption that Google's'procedures were "bypassed" by Keyen Farrell, stating:

"It is not yet known how Mr. Farrell bypassed Google policy preventingadvertisers from displaying trademarked terms in the text of their ads, nor is itknown whether this was an isolated act of infringement or part of a larger patternof infringing conduct. II .

Google's response should assure you that neither Keyen or John Farrell breached any statutoryor common law duties to Shoemoney, much less caused any damage to your client.

Equally troubling, however, is your client's use of defamatory remarks when referring tothe Farrells and in particular Keyen FarrelL. For example, another website:searchenginelandcom, quoted your client as referring to Keyen Farrell as a "corruptemployee"::

"Talking with Schoemaker, he stressed that he assumes Google itself had noknowledge of Farrell's actions, nor is he filng suit against Google itself.Our goal in this is not for financial gain but to defend ourtrademark that we have spent many years building trust with.People (commenting on) the TechCrunch story talk like Google isgoing to write me a big check, but that is just sily. This is not goingto be a cash flow positive thing for us I am pretty sure. And I do nothonestly think nor do we have any evidence that Google wasinvolved or had knowledge of this corrupt employee."

Keyen Farrell has been subjected to public scorn and ridicule as a result of your client's publiccomments. Bloggers such as The Next Corner have stated:

"Keyen Farrell needs a new reputationApril 8, 2009Wow, how can you destroy your early career in no time. Just ask Keven Farrell, ayoung, just started Google employee on the Adwordsdepartment. The bia storyis about Keyen Farrell & his website or company or himself buying ads with atrademarked term in it.If you look at the top 10 In Google on his name, 6 of the 10 are about this story."Additionally on the website John Chow dot com, John Chow commented on your client's lawsuitstating:

"If Mr. Farrell does Indeed work for Google, I have a feeling he won't be workingthere much longer. That wil be the least of his worries once Shoe gets done withhim."The statement from Google should now clarify what occurred. Accordingly we call onyou to immediately dismiss your client's lawsuit against the Farrells. To avoid further damage tothe Farrell's reputation, we also demand that your client acknowledge that the trademark terms

McGth North Mullin &. Kru, PC LLPint National Tower, Suite 3700 1601 Do Strt Omaha, NB 68102ww.mClthnorth.c:om


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Case: 8:09-cv-00188 Document #: 3-8 Date Filed: 06/08/2009 Page 3 of 3Patrick CooperMay 21,2009Page 3

were displayed through no fault of Keyen or John Farrell and we ask that your client publiclyapologize to them on his website for the slanderous comments he has made over the internetand in the press and disseminate this apology using the same mailng lists and media channelsthat he previously used to publicize his complaint against Keyen l=arrell.

Thank you for your prompt attention to this matter.

J. Scott PaulJSP/tao

keyen farrell sues jeremy schoemaker

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