| Yahoo has just announced they will no longer allow | | | | borne by my client there is only one solution and that is |
| PPC advertisers to advertise or bid on trademarked | | | | to stop all advertisers from bidding on the terms. In my |
| terms. | | | | opinion, it is simply not right that a business owner has |
| Could this be a trend of things to come from the other | | | | to spend $500,000+ to buy their own branded term |
| major search players? | | | | that has already cost them millions of dollars to build. |
| MSN's new adCenter (still in beta) states you are not | | | | This is $500,000+ in revenue for Google which is being |
| allowed to infringe trademarks within their editorial | | | | generated by a policy that is beyond elementary |
| guidelines (see policy below). | | | | business terms. Yahoo and MSN have recognized the |
| However, Google still maintains a strong stance in | | | | injustice of this policy and have taken steps to change |
| allowing advertisers to bid on trademarked search | | | | it. |
| terms as long as the trademarked term is not used | | | | If we cannot treat this policy on a case by case basis, |
| within the advertiser's ad-copy. | | | | then I have no alternative than to advise my client that |
| Numbers to Consider | | | | we cannot help them any further and their only option |
| Next to click fraud, trademark violations are the | | | | is to resort to legal action against Google. |
| second largest concern to Pay-Per-Click (PPC) | | | | Google also advises that you take the matter up with |
| advertising. Out of the total number of searches online, | | | | individual advertisers which in many cases are |
| 20% are trademark searches. Meaning, company | | | | impossible with private registrations and foreign |
| owned trademarks such as "Pontiac", account for | | | | companies. You could add to your high costs |
| 20% of all search traffic. While 1 in 5 searches for | | | | dramatically to have to send cease desists to all |
| trademark terms may seem high, most conversions do | | | | infringers. Many will ignore you. |
| not originate from trademarked terms. A study by | | | | The classic bait and switch does not seem to apply to |
| comScore and Yahoo Search Marketing (Overture) | | | | the Internet. Many companies are okay with their |
| found most buyers do not search by manufacturer or | | | | terms being bought for comparison shopping and by |
| product name. Rather, buyers use broad search terms | | | | re-sellers. The solution here is for those companies to |
| that do not include a manufacturer's name. Broad | | | | give permission to Google to allow their re-sellers to |
| search terms account for 70% of total searches and | | | | purchase the name. With the strength and |
| 60% of total conversions. | | | | sophistication of Google's technology how difficult can |
| Search Engine's Policy on PPC Trademark Bidding | | | | this be? I doubt it is any more cumbersome than |
| Yahoo on Trademarks: | | | | filtering search results for China. |
| "On March 1, 2006, Yahoo! Search Marketing will | | | | Your Defense Against Trademark Violations |
| modify its editorialguidelines regarding the use of | | | | Website companies where the majority of their |
| keywords containing trademarks. | | | | revenue is generated through online sales depend |
| Previously, we allowed competitive advertising by | | | | heavily on search engines to generate traffic to their |
| allowing advertisersto bid on third-party trademarks if | | | | website. In order to defend against trademark |
| those advertisers offered detailedcomparative | | | | infringements you will need to conduct search audits at |
| information about the trademark owners' products | | | | least once every month. You not only need to look |
| orservices in comparison to the competitive products | | | | over organic search results, but also paid search |
| and servicesthat were offered or promoted on the | | | | results or PPC contextual ads. You should look through |
| advertisers' site. | | | | the top 30 results of the search listings. |
| In order to more easily deliver quality user experiences | | | | For organic search engine results you should look at |
| whenusers search on terms that are trademarks, | | | | both the questionable result and the site displayed in |
| Yahoo! Search Marketinghas determined that we will | | | | the result. When looking over the possible violator's site, |
| no longer allow bidding on keywordscontaining | | | | don't just look over the visible content on the site; look |
| competitor trademarks." | | | | over the code as well to uncover hidden text, image |
| MSN AdCenter on Trademarks | | | | alt tags and keyword meta tags that may include your |
| "Microsoft requires all advertisers to agree that they | | | | trademarked names. |
| will not bid on keywords, or use in the text of their | | | | Then document your findings. For search engine |
| advertisements, any word whose use would infringe | | | | results and PPC results use a "screen capture" of the |
| the trademark of any third party or would otherwise | | | | page displaying the mark infringement. For mark |
| be unlawful or in violation of the rights of any third | | | | infringements that are visible on a website, save the |
| party". | | | | entire page's code as a .txt file. |
| Google Adwords on Trademarks: | | | | What about if you are you seeing an infringement in |
| "Google takes allegations of trademark infringement | | | | organic search results, but when you click on the page, |
| very seriously and, as a courtesy, we're happy to | | | | there is no infringement? They may be using a cloaked |
| investigate matters raised by trademark owners. Also, | | | | page which includes your trademark. To check this out |
| our Terms and Conditions with advertisers prohibit | | | | you will need to view the search engine's cached page |
| intellectual property infringement by advertisers and | | | | on file. Make sure to save a copy of this code as well. |
| make it clear that advertisers are responsible for the | | | | You will need to document your findings properly by |
| keywords they choose to generate advertisements | | | | dating the violation as well as the site owner's |
| and the text that they choose to use in those | | | | complete contact information. Use to get the whois |
| advertisements." | | | | information for the site. Once you have all of this |
| Solution or More Problems | | | | documented you will need to send your findings to the |
| With all Engines moving toward a TM standard, it | | | | appropriate search engine. |
| would have many benefits to both advertisers and | | | | You may also want to take the legal route, in which |
| searchers. This standard would be good for marketers | | | | case you should keep a record of all your |
| who would have to be more creative in their copy | | | | documentation to present to your legal counsel. |
| creation creating increased demand for qualified | | | | The best way to gather evidence is to hire a third |
| marketers which would translate into higher fees. | | | | party to collect evidence against the infringer of your |
| Search Engines hosting the ads would maintain | | | | trademark or copyrighted material. Recently at Search |
| revenue levels, but online public relations firms may lose | | | | Engine Strategies in New York City during February of |
| as they would not be required to police search engines | | | | 2006, Deborah Wilcox, Partner of Baker & |
| for their clients with trademarks. Lastly, the mark | | | | Hostetler LLP who specializes in trademark and |
| owner would continue to be protected and user | | | | copyright areas of law said, "Use a third party to make |
| experience would not be affected. | | | | print outs and audit the search results. If the case goes |
| Case Study: | | | | to court you will need hard evidence for the judge." |
| I'm currently working with an AdWords client in a | | | | Contact the Search Engines |
| circumstance where their competitors are bidding on | | | | You can also contact the search engines directly if |
| their trademarked search terms. Aside from the | | | | you believe an advertiser is infringing on your |
| constant policing and reporting for trademark violations | | | | trademark. The respective search engine contact |
| used in the ads themselves, adspend to secure top | | | | information is below. |
| positions for their ads has skyrocketed from an initial | | | | Google |
| $2.00 per click to $15.00 per click. Additionally, monthly | | | | Google Inc. |
| spend has increased from $1,200 to nearly $30,000. | | | | Attn: Google AdWords, Trademark Complaints |
| I have to go back to my client with an estimated | | | | 2400 Bayshore Parkway |
| budget of $500,000 for the rest of this year to control | | | | Mountain View, CA 94043 |
| the space for their own branded trademarked term. I | | | | Yahoo! Search Marketing |
| am reluctant to do that as it doesn't make sense with | | | | Formerly: Overture Services, Inc. |
| the announcement from Yahoo on their new | | | | Attn: Business & Legal Affairs - Trademarks |
| trademark policy. Given the level of aggression by the | | | | 74 N. Pasadena Ave. |
| competitors and the extortionate cost now been | | | | |