Fvcp Ad Words

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Fox Valley Computing Professionals Presentation Series

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Fvcp Ad Words

  1. 1. Trademarks in AdWords Fox Valley Computing Professionals July 13, 2009 Eric Michalsen [email_address]
  2. 2. I am NOT a Lawyer <ul><li>...but I married a pretty one who did not help me in anyway... </li></ul><ul><li>so any information you gleam from this, well, you are on your own. </li></ul><ul><li>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, </li></ul><ul><li>so if you take anything out of this, take this: Find your own counsel. </li></ul>
  3. 3. ...what this is about <ul><li>Keyword advertising allows advertisers to </li></ul><ul><li>select, for each of their ads, keywords that will cause those ads to appear on search result pages. </li></ul>
  4. 4. ...mechanics <ul><li>Advertisers bid on a keyword by indicating the maximum price they are willing to pay each time a user clicks on the ad. </li></ul>
  5. 5. Got Cash? <ul><li>The highest bidder does not always get </li></ul><ul><li>the highest ranking. </li></ul>
  6. 6. <ul><li>Trademark owners complain that the sale of their trademarks as keywords is an improper attempt to profit from the goodwill of their marks. </li></ul>
  7. 7. <ul><li>These cases turn on whether such purchase is a “use in commerce” of the mark or a “fair use” of the mark. </li></ul>
  8. 8. J.G. Wentworth v. Settlement Funding, LLC <ul><li>Court siding with advertisers, ruled that using trademark-protected words to trigger internet advertising does not violate trademark law. </li></ul>
  9. 9. Geico vs. Google <ul><li>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. </li></ul>
  10. 10. Playboy vs. Bunny, Terri Welles <ul><li>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”. </li></ul><ul><li>The mark was actually part of Ms. Welles identification. </li></ul>
  11. 11. Thank You ! <ul><li>The Fox Valley Computing Professionals </li></ul><ul><li>http://meetup.com/foxvalleycp </li></ul><ul><li>Follow us on Twitter #FVCP </li></ul><ul><li>Eric Michalsen eric@michalsengroup.com </li></ul>

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