Why is Microsoft Impersonating Google?

For over 15 years, Microsoft has tried to break into the search engine market with Bing.

It has invested over $100 billion in the search engine, offers free rewards to users, and has used various dubious tricks, including leveraging its ownership of Windows, to try to get people to use Bing.

However, those efforts have not paid off. Bing’s market share is less than 10%, and according to Google filings, the most commonly searched word on Bing is “Google.”

Now, Microsoft is using another deceptive tactic: Impersonating Google.

To experience the tactic firsthand, go to Bing and search for Google. Instead of a regular search result, you’ll be taken to a Google-like search page that is scrolled down to hide the Microsoft Bing logo.

How effective this move will be remains to be seen. However, it’s already sparked significant backlash online, with commentators calling the move sneaky, underhanded and more.

Even Parisa Tabriz, Google’s head of Chrome, called the move a “New Year; New Low” for Microsoft.

This raises two questions. First, why is Microsoft doing this? Second, what, if anything, can Google do about it?

We must first look closely at what Microsoft is doing to answer those questions.

A Sheep in Wolf’s Clothing

Before the recent change, searching for Google in Bing would get a standard results page with Google at the top. Though there might be some encouragement or advertisement for Bing, it was trivial to find Google.

Now, if you are not signed in to your Microsoft account, searching for Google takes you to another search page. This page is scrolled down slightly to hide the Microsoft banner at the top and features a Google-like search box with a doodle similar to many that Google has done in the past.

However, this new search area doesn’t take you to Google. If you search using it, you’ll get a Bing result page.

Different browsers and screen resolutions will display different things. However, the regular search results are below the box. On my monitor, this caused the Google logo and Google results to peek above the bottom, resulting in a page with no Microsoft logo but two separate Google ones.

The only indication that the page is by Microsoft is the “Promoted by Microsoft” line at the top-left. Unless one scrolls up, there is no Microsoft branding.

There are other, more subtle differences. First, the magnifying glass is on the right of the search box on the Bing page, and it’s on the left for Google. Second, Google usually has other icons in the search bar. Finally, there are no “Google Search” or “I’m Feeling Lucky” buttons.

Also, since I have my Google set up to use dark mode, that is an obvious difference between the two. (Note: I disabled it for the screenshot above.)

Differences aside, it’s easy to see how this could fool someone into thinking they were searching in Google.

So what can or should Google do about it? That’s a surprisingly tricky question.

Likelihood of Confusion

While most seem to agree that Microsoft’s actions are unethical, the question is whether they are illegal.

Since the “doodle” on Bing’s page is original to the site and Microsoft didn’t copy any code, this is a trademark issue, not a copyright one. As per the United States Patent and Trademark Office, trademark infringement is:

The unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.

At least on my browser, the search page features the Google logo and provides a Google-like search box. It’s easy to see how some may be confused, and this is doubly so since it is triggered by searching for Google itself, and Microsoft actively hides their branding.

However, Microsoft would have some counterarguments. First, it does say “Promoted by Microsoft” at the top. Microsoft would likely argue that this search box is an advertisement for Bing in Bing results.

The two search engines have aligned on this issue for almost fourteen years. Both allow users to run ads on other entities’ trademarks, with some limitations. As such, Google has a tough argument to make. After all, how is this significantly worse than many ads currently running on their search engine?

Google’s best arguments would likely center around Microsoft’s effort to hide its branding. This includes not marking the search box as Bing and scrolling past the Microsoft logo. This hints at a more deliberate attempt to create confusion.

However, did it confuse anyone? If it did, how much was Google really harmed? Given how quickly this was spotted and called out, it will be tough to show that significant confusion occurred and caused actual harm.

As such, it seems unlikely that either side would be interested in battling this in court. In short, it seems unlikely that Google will file a lawsuit, especially considering the backlash Microsoft is already facing.

There’s simply no pressing reason for Google to take any action.

Bottom Line

While I agree that Google shouldn’t be casting stones, it’s pretty clear that Microsoft is trying to be somewhat sneaky in retraining search engine users.

However, journalists quickly spotted the ruse, and its mocking has been universal. For most, it’s just the latest in a long, long string of desperate attempts by Microsoft to get people to use Bing.

In the end, the whole story is just sad. It’s the latest in a long line of tactics Microsoft has undertaken to steal market share from Google. However, none of them have worked.

Though Google may have a trademark argument, especially given the way it shows on my browser, it’s unlikely that this will head to court.

First, they would be challenging long-standing search practices that both companies participate in. Second, they would have to acknowledge that Bing is a threat and can harm them. Finally, it would be a lengthy and expensive battle between two tech giants over what is very little harm at the end of the day.

On Microsoft’s side, they’re just providing more evidence that Google is better than Bing. After all, if Bing were better, would they have to trick people into using it? Using tactics such as these puts them and their search engine in a very negative light.