When Search Engine Marketing and Trademarks Collide
In the world of marketing, branding issues are always an important part of any campaign. Companies work hard for their name to be recognized as a quality organization and a leader in their field. Companies will defend any action they see as a negative to their brand. They do not want unauthorized third parties to advertise their products, because they may do it in a poor manner which will generate negative consequences for the quality of the company's brand. Recently, Google was charged with trademark violations by Geico and American Blinds. The cases (C 03-05340 JF US District Court For The Northern District Of California San Jose Division) have gone to the discovery phase of litigation, which means the judges have said there is enough there right now factually to potentially justify these lawsuits. The impact of this trial could be vast for search marketers.
A "trademark" is a word, symbol (i.e., logo) or phrase used to identify a particular product and distinguish it from other products in the marketplace. The degree of distinctiveness or uniqueness is what usually determines legal protection. Terms or symbols that are not unique to a particular product or company are generally not given protection. Generic terms are also not protected. The claims made by Geico and American Blinds are that Google's AdWords program violates the law by allowing competitors to purchase keywords that are protected trademarks. Geico and American Blinds contest that by allowing advertisers to bid on their keyword that is in essence the same thing as selling the Geico or American Blinds name without their authorization.
Trademark law was instituted primarily to protect the consumer. When a customer sees a brand or logo, they associate a certain quality and expectation with that logo. If inferior companies were allowed to use the same logo and have worse products or services, the consumer would not know what to expect. With trademark law the consumer gets a degree of certainty and avoids confusion or unmet expectations.
According to lawyers this litigation could get very complicated. What Google needs to do is convince the court that there is no customer confusion with respect to keywords and how Google serves ads based on search queries. They will establish this most likely by running various consumer surveys. If successful, this would establish a legal precedent preventing future lawsuits of the same nature; however, there is big risk if Google fails. Ninety-five to ninety-nine percent of Google's income is from its advertising model, and a ruling against it could be trouble for the company. If they settle, however, like Overture did then it sets no legal precedence, making it possible for other companies to make the same charges in the future.
Whatever the result, it is clear that in the coming months something will happen to search marketing. At the very least, Google will have to monitor trademark infringement a bit more vigorously; at the worst the company may lose a part of its revenue.
About The Author:
Tommy Maric is the manager of TopPayingKeywords.com. TopPayingKeywords.com is designed to help webmasters maximize their profits using Google's Adsense? program. Through extensive research, TopPayingKeywords.com develops up-to-date databases of the most popular keywords and their accompanying bid prices. For more information, please visit http://www.toppayingkeywords.com
Contact:
877-TOP-WORD
(877-867-9673)
info@TopPayingKeywords.com
 Google News Updated : Wed, 09 Jul 2008 07:08:13 GMT Cheesesteaks, troops withdrawals and cigarettes that kill Iranians… - FOXNews FOXNews - by Mosheh Oinounou PITTSBURGH, PA - Sen. McCain, joined by his wife Cindy, made a previously unannounced visit to the Primanti Brothers Restaurant and Bar, a famous Pittsburgh-area sandwich shop, Tuesday evening for a retail stop-turned media ... Caution: Can Iran cigarette jokes be dangerous to McCain's ... McCain jokes about killing Iranians with cigarettes Publ.Date : Wed, 09 Jul 2008 02:11:13 GMT Cheney's staff censored EPA, ex-official alleges - Boston Globe
Boston Globe - WASHINGTON - Members of Vice President Dick Cheney's staff censored congressional testimony by a top federal official on the health threats posed by global warming, a former official of the Environmental Protection Agency said yesterday. Cheney’s Office Said to Edit Draft Testimony on Warming White House in climate change "cover up" Publ.Date : Wed, 09 Jul 2008 05:36:02 GMT VMware Ousts CEO Diane Greene - BusinessWeek
BusinessWeek - by Aaron Ricadela VMware ended a long-running battle over its strategic direction on July 8, ousting co-founder and CEO Diane Greene and installing Microsoft veteran Paul Maritz in her place. EMC Replaces the Chief and Co-Founder of VMware, Silencing Talk of ... VMware CEO abruptly replaced Publ.Date : Wed, 09 Jul 2008 05:13:27 GMT Reiser deal ultimately hinges on judge's OK - San Francisco Chronicle
San Francisco Chronicle - (07-08) 17:14 PDT OAKLAND -- The defense can ask for a deal in a murder case like Hans Reiser's, and the prosecution can sign off on it, but it's the judge who has the final say. Reiser takes plea deal for lesser sentence My interview with murderer Hans Reiser Publ.Date : Wed, 09 Jul 2008 06:23:31 GMT McCain, Obama court Latino group - Los Angeles Times
Los Angeles Times - Sen. John McCain addresses the League of United Latino American Citizens in Washington, DC. today. McCain plans to tell the Latino advocacy group that the nation must secure its borders "while respecting the dignity and rights of citizens and legal ... Candidates talk up Latino connections Candidates woo Hispanic group Publ.Date : Wed, 09 Jul 2008 04:56:13 GMT Iran test fires long and medium range missiles - Reuters
Reuters - By Fredrik Dahl TEHRAN, July 9 (Reuters) - Iran has test fired nine long- and medium-range missiles, including one which it has previously said could reach Israel and US bases in the region, state media reported on Wednesday. Iran Test-Fires Missile Capable of Reaching Israel (Update1) Iran test-fires Shahab-3 long-range missile Publ.Date : Wed, 09 Jul 2008 06:02:53 GMT Hunger for victory defines Obama - Financial Times
Financial Times - By Edward Luce in Washington When Democrats criticise John McCain, they first praise his honourable military record. When Republicans do the same to Barack Obama, many begin by conceding that he is an “attractive and talented candidate”. Video: AP Campaign Minute McCain, Obama Trade Early Fire in TV Ads Publ.Date : Wed, 09 Jul 2008 04:54:07 GMT Increase Search Engine Traffic |
PARLOT::Ebooks, Scripts,
Websites, and more... If you've been online long, you're sure to have seen... Read More Pressure washing companies often miss what we call 'super niche'... Read More As consumers, we don't really think about the importance of... Read More 7 Qualities Of A Strong Brand:1. Commands premium pricing while... Read More Good marketing positioning is like good lying. No, we're not... Read More Recently, I was reviewing our website statistics. One of the... Read More About once a month a few of us at the... Read More Why pay a high priced PR agent when you can... Read More I love Pepsi. It's that slightly sweeter taste and the... Read More Make More Money Making a Name for YourselfCalling all realtors,... Read More There have always been trademark issues and lawsuits in the... Read More Quite often small business owners will ask me to reveal... Read More Imagine if Yahoo! had been named TheInternetDirectoy. Or StarBucks was... Read More Branding TodayHave you ever had a good brand experience? How... Read More What size is your Hummer? Hummers Come in All Sizes;... Read More The public buys far more than just your products, services... Read More Did you grow up in the '70s and '80s? If... Read More Initial lack of customers and cash flow often causes a... Read More Now that everyone has conformed to Living Your Brand on... Read More Parades happen in every big city and many small towns.... Read More The task of creating an indelible impact on the memory... Read More So... how have you been building your brand lately?Now, I'm... Read More Branding Services is a tactic that marketing executives and managers... Read More One of the critical drivers of business success is having... Read More Adored, respected and coveted by customers and organisations alike, corporate... Read More
Adsense
websites
Shattering the Branding Myths
Pressure Washing Companies and Co-Branding
The Importance of Branding - Can It Really Make a Difference?
Brand Equity - Brand Identity Guru
Product Positioning for Enterprise Software and Information Technology Companies
Its Time For Some Steak
Brand Awareness - Brand Identity
10 Secrets for Free Media Placement
Branding Article: Pepsis Missed Brand Opportunity
Standing Under the Umbrella And Still Getting Wet
Trademark Issues in the Mobil Auto Business
Differentiate and Dominate
Tips for Creating Brilliant Business Names
Branding Guru - Brand Identity Guru
Hummer is an Excellent Brand
Business Branding - How Character Affects Customers and Your Business Image
Branding: Bring Back the Jingle!
No Logo? Launching A Business Without a Logo Can Sabotage You
Living Your Brand on the Web - Part 2
You?ll Bring a Parade of Business to Your Door!
Logo-ize For Instant Identification & Increased Awareness
Brand Lo-o-o-o-o-ve...
Branding Services - Brand Identity Guru
Quality and Service - Yeah, Right!
Managing the Corporate Brand - a Reputation Perspective
Affordable and Reliable Web Hosting Starting at $4.49/Month
Logo Design Tips
Logos can be described as visual icons that provide a... Read More
Setting the Right Price
One of the ways people get to know you is... Read More
The Big-Pay Off -- Brand Value
Many CEOs and marketing directors find their time wasted evaluating... Read More
Business Case Study Automotive Detailing Franchise Company
How do automotive detailing companies start? What makes them work... Read More
Are You Brand Worthy?
Branding is one hot topic, although it is wildly misunderstood.... Read More
Co-Branding in Automotive Service Businesses
In a world of co-branding, point of destination strategies and... Read More
John Deere and NASCAR; Excellent Use of Brand
We should all recognize the marketing efforts of John Deere... Read More
Value-pricing Strategy: Were not The Cheapest but...
In this highly competitive online marketplace, it can be difficult... Read More
Acquire, Then Rebrand
Acquiring another corporation usually means that the acquiring company's name... Read More
Build Brand Value BIG Time
Ask your self this question, In which business are we... Read More
McDonalds Supply Chain of Potatoes
McDonald's buys its potatoes from corporate farmers in Idaho not... Read More
Branding Is Not Selling Out: ITS SELLING IN
Ever see an amazing band perform and wonder why you've... Read More
How Do You Define a Good Logo Design?
Everyone wants his company logo to be the best but... Read More
Not So Stationary Stationery
The elements and functionality of the basic stationery system is... Read More
The Top 10 Strategies for the Positioning of Success
Many businesses of today are often driven to compete striclty... Read More
Brand Building For Profit: The Colour Behind the Brand and Why I Wear Red Ties!
Colour is essential to building a strong brand.Many of you... Read More
Brand Boring or Brand Buzz?
I heard an advertisement on the radio the other day... Read More
Intelligent Design comes from Brand & Account Planners
I've been reminded recently, rather forcefully, that not all reality... Read More
Brand Value Plan - Brand Identity Guru
Developing brand value is critical to every organization and when... Read More
Branding: You are the Brand
What's in a brand name? Everything! Think of these brands:... Read More
Brand Equity Building - Measuring Brand Value
Measuring brand equity allows a company to establish a baseline... Read More
Product Positioning for Enterprise Software and Information Technology Companies
Good marketing positioning is like good lying. No, we're not... Read More
Good Logos Make Great Sales Tools
Every day, the average person is exposed to millions of... Read More
Image is EVERYTHING
The absolute foundation of your small business is your image.... Read More
Revealing the Roots: The Process of Building Brand
How is branding different than marketing?Branding is not so much... Read More
Branding |