I vaguely recall some cases back in Trademarks class in which websites were sued for falsely using "<META>" tags to trick search engines into returning those pages when people searched for brand-name products, when in fact the websites were advertising competitors' products (usually cheap dime-store junk).
Are there any legal causes of action when a "walled garden" type of sales website -- a site like Amazon or Sears or whatever -- turns up search results for, say, every kitchen widget under the Sun when someone searches for "Zyliss"?
The site is basically trying to throw up cheap competing merchandise for the brand-name product that the customer is actually searching for. "We don't have Zyliss can openers, but you can buy this 1950s style piece of stamped steel instead."
I would refer to the following cases:
Brookfield Communications, Inc. v. West Coast Entertainment Corp., 174 F.3d 1036 (9th Cir. 1999)
Std. Process, Inc. v. Banks, 554 F. Supp. 2d 866 (E.D. Wis. 2008)
1-800 Contacts, Inc. v. WhenU.com, Inc., 414 F.3d 400 (2d Cir. 2005)
Rescuecom Corp. v. Google Inc., 562 F.3d 123 (2d Cir. 2009)