Trademarks
        in
     AdWords




Fox Valley Computing Professionals
           July 13, 2009
          Eric Michalse...
I am NOT a
                                                                                           Lawyer




...but I ...
...what this is about




  Keyword advertising allows advertisers to
select, for each of their ads, keywords that will
  ...
...mechanics




Advertisers bid on a keyword by indicating the
  maximum price they are willing to pay each
          tim...
Got Cash?




The highest bidder does not always get
         the highest ranking.
Trademark owners complain that the sale of
their trademarks as keywords is an improper
  attempt to profit from the goodwi...
These cases turn on whether such purchase is
   a “use in commerce” of the mark or a “fair
               use” of the mark.
J.G. Wentworth v. Settlement Funding, LLC




Court siding with advertisers, ruled that
 using trademark-protected words t...
Geico vs. Google

Google’s practice of using the mark “Geico” as
     a search word or keyword in Google’s
 advertiser pro...
Playboy vs. Bunny, Terri Welles
 In her site which included the trademarks
 “Playboy” and “Playmate” in her meta tags,
  t...
Thank You !




The Fox Valley Computing Professionals
      http://meetup.com/foxvalleycp
       Follow us on Twitter #FV...
Upcoming SlideShare
Loading in …5
×

FVCP Trademarks in Ad Words

601 views

Published on

For the Fox Valley Computing Professionals, this is a short presentation that was given on using trademarks in AdWord strategies.

1 Comment
0 Likes
Statistics
Notes
  • For those not familiar with the Fox Valley Computing Professionals (http://www.meetup.com/foxvalleycp), we are a group that presents on a monthly basis both IT and Business/Marketing aspects.
    This presentation blossomed out of another presentation and I think I gave it in about 12 minutes flat.
    Sorry for the lack of content in the slides and most of it was verbal.
       Reply 
    Are you sure you want to  Yes  No
    Your message goes here
  • Be the first to like this

No Downloads
Views
Total views
601
On SlideShare
0
From Embeds
0
Number of Embeds
4
Actions
Shares
0
Downloads
4
Comments
1
Likes
0
Embeds 0
No embeds

No notes for slide

FVCP Trademarks in Ad Words

  1. 1. Trademarks in AdWords Fox Valley Computing Professionals July 13, 2009 Eric Michalsen eric@michalsengroup.com
  2. 2. I am NOT a Lawyer ...but I married a pretty one who did not help me in anyway... so any information you gleam from this, well, you are on your own. Seriously, I didn't even graduate college. Don't get me wrong, I love Perry Mason, I just don't know a thing about the LAW, so if you take anything out of this, take this: Find your own counsel.
  3. 3. ...what this is about Keyword advertising allows advertisers to select, for each of their ads, keywords that will cause those ads to appear on search result pages.
  4. 4. ...mechanics Advertisers bid on a keyword by indicating the maximum price they are willing to pay each time a user clicks on the ad.
  5. 5. Got Cash? The highest bidder does not always get the highest ranking.
  6. 6. Trademark owners complain that the sale of their trademarks as keywords is an improper attempt to profit from the goodwill of their marks.
  7. 7. These cases turn on whether such purchase is a “use in commerce” of the mark or a “fair use” of the mark.
  8. 8. J.G. Wentworth v. Settlement Funding, LLC Court siding with advertisers, ruled that using trademark-protected words to trigger internet advertising does not violate trademark law.
  9. 9. Geico vs. Google Google’s practice of using the mark “Geico” as a search word or keyword in Google’s advertiser program, a federal trial court ruled that using marks as keywords to launch advertising does not indicate a trademark violation provided that the mark does not appear in the sponsored links.
  10. 10. Playboy vs. Bunny, Terri Welles In her site which included the trademarks “Playboy” and “Playmate” in her meta tags, the Court found that because Ms. Welles was in fact a Playmate, including Playmate of the Year, and that the use of these marks in her meta tags was ”fair use”. The mark was actually part of Ms. Welles identification.
  11. 11. Thank You ! The Fox Valley Computing Professionals http://meetup.com/foxvalleycp Follow us on Twitter #FVCP Eric Michalsen eric@michalsengroup.com

×