A number of advertisers are buying Google Adsense keywords of the registered and unregistered trademarks and service marks of structured settlement brokers and settlement consultants. Enter the following into the Google Search engine and "caught naked in the spotlights" is another structured settlement broker and/or a well known factoring company in the pay per click ads.
- Halpern Group
- Ringler Associates
- EPS Settlements
- Forge
- Summit Settlements
Understand that the advertiser actually bought these words in order to appear in the Google search. Any advertisers that click on those ads mean the pay per click advertiser is potentially making money by drawing in customers who are looking for you on the Internet!
An interesting discussion on the subject appears on Pimpmyadrank.com (yeah…I know) which represents that Dell Computer Australia used the names of Acer and Toshiba in Pay Per Click Ad.
The 10/3/2001 issue of Search Engine Marketing reported the case of Playboy v. Welles, Playboy bunny Terri Welles was sued by Playboy for utilizing the word "Playboy" within the meta keyword tags on her site. Although Welles eventually won her case, arguing that she had legally earned the title of Playboy Bunny and could therefore use the trademark.
Does the advertiser work for one of these companies or have they earned the right to use your mark? What about the diverted sales opportunities?
If you discover a trademark violation seek redress with Google by filing a complaint with Google along with proof of your registered trademark. They should remove the ads from the competitor’s or other advertiser’s account. Click here for Google’s Adwords complaint department
Here are some other interesting links on the subject
LMVH v Google (as reported in International Herald Tribune) 06/25/2006
JP Enterprises v. Yahoo, 06-cv-01046-REB-PAC (D. Colo Amended complaint June 6 2006). Story in Denver Post (6/15/2006)
Video on Pay Per Click Ad Abuse posted on YouTube.com, a great 9 minute video
Edina Realty, Inc. v. TheMLSonline.com, 2006 WL 737064 (D. Minn. Mar. 20, 2006). Nice write up by Santa Clara Law Professor Eric Goldman on his Technology and Marketing blog
Yahoo to Ban Bidding on Competitor Trademarks by Danny Sullivan in Searchenginewatch.com
Whatever way the legal chips end up falling on the issue, in my opinion the practice of buying keywords of competitors appears unethical.
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