Purported Links to Google AI Software Plant Malware on Victim's Computers: Suit

Three defendants identified as Does 1-3 have used Google trademarks related to AI to “lure unsuspecting victims into downloading malware onto their computers,” alleged a trademark infringement lawsuit Monday (docket 5:23-cv-05823) in U.S. District Court for Northern California in San Jose.

The individuals, not affiliated with Google and whose identities are unknown, claim to provide the latest version of Google’s Bard AI tool for download, said the complaint. Using social media pages, posts and ads with Google trademarks designed to look like they originated from Google, the defendants “exploit the public’s interest in Google’s AI products, and invite them to download free versions of Bard and other Google AI products via links to Google Drive or Google Sites, among other methods,” said the complaint.

Downloading the file at the link causes malware to install on the user’s device, the complaint said. The malware is designed to access and send users’ social media login credentials to the defendants’ remote server located in or around Los Angeles, with the IP address 198.252.99.154, said the complaint. The defendants identify accounts with large followings or associated advertiser or business accounts, then “take over the accounts” and “change the account name to an alias related to Google or Google products, create additional malicious advertisements that include links to Defendants’ malware, and post those ads using the victim’s advertising account,” it said.

The intended victims are small businesses with business or advertiser accounts that the defendants “redirect for their own purposes,” said the complaint. The defendants’ ads have code that allows them to identify which victims are likely to have those accounts, and some of their ads specifically target small businesses by claiming that their fake AI downloads can aid in marketing, the complaint said.

One purported ad from defendants claims that its AI tool has helped 10,000 businesses use advertising to boost efficiency by more than five times, identifying GoogleAI.Plus as the latest version of the tool, the complaint said. Some of the ads have a “learn more” button at the bottom near text that suggests the button links to domains “google.ai” or “ai.google,” when they actually are links for defendants’ malware, it said.

Defendants also “misuse other Google services to execute their scheme,” said the complaint. They use Google Sites and Google Drive to host links to the files with their software, it said. Google Sites and Google Drive are services through which a user can upload, store and distribute their own content; Google doesn’t use either to distribute its content or services, the complaint said. But defendants’ links that have Google in the text “make it even more likely that some users will believe that the content originates from Google,” it said.

Many of the Google Drive links involved in the scheme were created by users who agreed to terms of service (TOS) for Vietnam, the complaint said. Some belonged to users who accepted Google’s terms in the U.S. and India. All versions of the TOS prohibit users from abusing, harming, interfering with or disrupting the services by accessing or using them in fraudulent ways such as “introducing malware, or spamming, hacking, or bypassing our systems or protective measures,” the complaint said.

Google’s claims for relief include infringement of a registered trademark, unfair competition and false designation of origin and breach of contract under California law, the complaint said. It seeks a permanent injunction barring defendants from engaging in any infringing activity in connection with Google trademarks; maintaining any social media accounts that incorporate the Google Marks in their profile names, handles or images; registering, using or trafficking in any domain name that is “identical or confusingly similar to any of the Google Marks”; and operating any websites or accounts that display content that infringes them, it said.

Google seeks damages for trademark infringement, trebled due to defendants’ “willfulness,” the complaint said. It also seeks all profits resulting from their “infringement of Google’s rights”; an order that defendants are required to account for and disgorge to Google amounts by which they have been enriched by the alleged unlawful acts, and pre- and post-judgment interest, it said.