New Adwords trademark policy: Are you affected? - Page 2 - Irish SEO, Marketing & Webmaster Discussion

zabbo · #11 (**permalink**) 07-04-2008, 03:40 PM

Looks like the ads I'm seeing were part of a pending investigation.

So May 5th onwards is open season.

If for example, I wanted to bid on blacknight, you can raise a complaint as normal but the ad will only be removed if the trademark term is in the ad copy. Note: it can still be used as an ad trigger (where previously it couldn't)

Complaint Procedure document has been updated - AdWords Trademark Complaint Procedure

blacknight · #12 (**permalink**) 07-04-2008, 04:01 PM

Of course I can still sue you and Google for TM infringement

zabbo · #13 (**permalink**) 07-04-2008, 04:08 PM

I think thats the reason why this revision has been made, so that these challenges can be made directly, instead of using Google as a mini courtroom for trademark disputes.

blacknight · #14 (**permalink**) 07-04-2008, 04:24 PM

Sorry, but that's bull

Google control adwords

I have a trademark "word"
Google can easily block usage of that TM

Basically they're changing the policy because they can make more money this way.

zabbo · #15 (**permalink**) 07-04-2008, 04:40 PM

Not really Michele, I'm referring to the complaints procedure for the UK & Ireland. The new policy is already in place in USA/Canada were trademark infringements are subjection to legal action, but keyword triggering is for the most part fine.

Back on the previous example, lets say I put an ad were I attempt to confuse 'blacknight' searchers into clicking on my ad, your legal action is with me, and not Google, where before Google had a complaints procedure.

This way, it makes the market more open, reduces Googles involvement and overhead in dealing with complains, which probably does increase their revenue.

BTW, most complaints I've had previously usually came by a solicitors letter, and not through Googles complaint procedure, in some cases the company didn't have the exact term registered as a trademark.

blacknight · #16 (**permalink**) 07-04-2008, 04:58 PM

I'd have to disagree with you.

The only reason Google are doing this here is because they think they can get away with it, whereas they've already had legal challenges in other countries.

Google are basically encouraging people to infringe on trademarks and since they aren't exactly transparent it makes it really awkward to police

zabbo · #17 (**permalink**) 07-04-2008, 05:12 PM

Well perhaps I can't see it fully from your point of view, but it will be interesting to see how this one pans out.

On the plus side, doesn't it open up more affiliate opportunities

blacknight · #18 (**permalink**) 07-04-2008, 05:24 PM

I'll be talking to our trademark lawyer again today to see what the best strategy to adopt is. It's not a nice move at all.

No evil? Yeah, right

zabbo · #19 (**permalink**) 08-04-2008, 09:35 AM

Interesting story here - Trademark lawsuit could put the squeeze on Google AdWords

Quote:

The parties disagreed about whether Google labels its ads sufficiently clearly to avoid customer confusion. Rescuecom alleged that by placing sponsored ads directly above the organic search results and by using the ambiguous phrasing "Sponsored Links" rather than the more direct "Paid Advertising," Google was stoking customer confusion, which it then profited from when customers mistakenly clicked on ads they thought were organic search results.

blacknight · #20 (**permalink**) 20-07-2008, 02:00 PM

I've emailed our US lawyer who has plenty of experience in this area to see what the best course of action is, but it's pretty much open season.

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