To no one’s surprise, Google’s defense in the lawsuit is that the word “Incognito” doesn’t mean that users are invisible and that user’s activity in that mode may still be visible to the website they visit, especially to 3rd party analytics or ads services.
Google also released an official press statement to the lawsuit. It states that it will “defend ourselves vigorously” against its accusers, saying that the above statement is made clear every time they open a new incognito tab.
As we’ve said many times before, Google is no stranger to being accosted by lawsuits; at the end of last year, the search engine found itself the subject of two back-to-back lawsuits. Both lawsuits pertained to the company’s alleged anti-competitive stance, as well as its monopolistic behaviour.