It's certainly valid and it has been done in other situations, but the details are different. I don't know that of any case where it's been tried against Google

It's certainly valid and it has been done in other situations, but the details are different. I don't know that of any case where it's been tried against Google. It's certainly reasonable to think it could work against Google, but the details of would it actually work in the real world? I have no idea. Even if there was precedent that someone could cite, that doesn't mean that your case would win. If you really want to know, you need to consult a lawyer, not ask here.