Don't Sue Over Keywords
When it comes to trademark protection, don’t sue over keywords. Eric Goldman, who follows search and related tech cases closely, says “it’s often irrational to bring lawsuits over keywords.” Not to mention the waste of time and money, too.
Yesterday, one of the better-known cases was settled between American Blind & Wallpaper Factory and Google. American Blind wanted to prevent competitors from buying keywords which they had previously trademarked. If the case had gone to trial, then it would have been over the matter of consumer confusion.
This means there’s been no U.S. based test about trademark protection for keywords, at least not yet. Google clearly states its position, in its trademark policy: “Please note that we will not disable keywords in response to a trademark complaint.”
If your company owns trademarks, free and clear, then remember they won’t be protected when advertisers want to buy them as paid links. However if the trademarks appear in ad copy, you have recourse. Follow the current procedures with Google or other paid search providers, to file complaints for removal.
More here: Merc News (Log In); American Blind Settlement and Background; Google’s Policy
More about:
The Merkle B2B 2023 Superpowers Index outlines what drives competitive advantage within the business culture and subcultures that are critical to success. It is the indispensable guide for B2B marketers to deliver world-class experiences and keep pace with the dynamic environment. Download Now
The ClicData survey found that various challenges exist that prevent organizations from achieving such gains. These challenges included inaccessible data formats and limited flexibility in displaying data in dashboards. Download Now
The need for fraud prevention in the digital world is critical now more than ever. Why? Thinking about your own behavior, consider how you complete transactions and how this has changed over the last 5 years. Download Now
The need for fraud prevention in the digital world is critical now more than ever. Why? Thinking about your own behavior, consider how you complete transactions and how this has changed over the last 5 years. Download Now