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Engine Optimisation Web Log (BLOG) | This News Blog is
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Buying paid ads on other companies brands or trade marks?Owning a Trade Mark gives the owner certain rights to protect its use, doesn’t it? To a certain extent it does however there is one area that is still, to say the least, a little bit of a grey in its implementation.
This is in the field of search, or to be more specific paid search. Having proved ownership of the trademark in all countries you are applying for, you can apply to many of the search engines to have the trade mark or brand reviewed to exclude non official sponsored links (try to create an ad in Adwords that contains the word Google).
However over the years there have been several high profile cases where the owners of trade marks have instigated lawsuits to defend their brand. In 2004 Geico, a large insurance company in the US failed to prove to the judge presiding that customers were confused by its rival’s adverts.
The latest case to be placed in court has been brought by 1-800-Contracts against LensWorld for buying an ad triggered by the phrase “1800contracts”. The alleged infringement is targeted towards consumers being falsely given the impression there’s an affiliation between the companies.
Whatever the outcome, I’m sure we have not seen the end of this type of situation. In fact if at some point in the future a case is ever upheld the ramifications for the internet marketing industry could be far reaching.
Up to now there has been little that has been done with natural search rankings, but I’m sure that will come.
If there is one piece of advice worth considering, if you have a brand trade mark it and approach the search engines to try to get it protected for restricted sponsorship. If you are buying someone else’s brand name or trade mark you really need to consider if you really want to pick that fight and become the next test case.
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