SlideShare a Scribd company logo
1 of 2
Download to read offline
When Search Engine Marketing and Trademarks Collide
In the world of marketing, branding issues are always an important part of any campaign.
Companies work hard for your name to be recognized as a quality organization and a leader in its
field. Companies will defend any action they see as a negative to their brand. They do not want
unauthorized third parties to advertise their products as they can do in a poor way, which will
generate negative consequences for the quality of the brand of the company. Recently, Google was
accused of violations by Geico and blinds brand in America. The cases (C 03-05340 JF U.S. District
Court for the Northern District of California, San Jose Division) have gone to the discovery phase of
litigation, which means that judges have said no is now sufficient to justify the facts possibly these
demands. The impact of this study could be serious for search marketers.
A "brand" is a word, a symbol (eg, Logo) or phrase that is used to identify a particular product and
distinguish it from other products on the market. The degree of distinctiveness or uniqueness is
what usually determines legal protection. Terms or symbols that are unique to a particular product
or company usually do not receive protection. Generic terms are not protected. The claims made by
Geico and American Blinds are that Google AdWords program violates the law by allowing
competitors to buy keywords that are protected trademarks. Geico and American Blinds contest that
by allowing advertisers to bid on the keyword that is essentially the same as selling the Geico or
American name Blinds without permission.
Trademark law was instituted primarily to protect the consumer. When a customer sees a brand or
logo, they associate a certain quality and expectation of the logo. If inferior companies were allowed
to use the same logo and have worse products or services, the consumer does not know what to
expect. With trademark law the consumer gets a degree of certainty and avoids confusion or unmet
expectations.
According to lawyers this litigation could be very complicated. What Google has to do is convince the
court that there is no customer confusion regarding how keywords and ads based on Google
searches. Most likely be set by running various consumer surveys. If successful, this would set a
legal precedent preventing future demands of the same nature, however, there is a big risk if Google
fails. One hundred ninety-five to ninety-nine of Google's revenue model is in their advertising, and a
ruling against him could be a problem for the company. If installed, however, as it did then the
suggestion that sets no legal precedent allowing other companies doing the same charges in the
future.
Whatever the outcome, it is clear that in the coming months something will happen to the search
marketing. At least, Google will have to monitor trademark infringement a little more vigorously, in
the worst of the company may lose some of their income.

More Related Content

Similar to When Search Engine Marketing and Trademarks Collide

Comply With This: A Beginners Guide to Marketing Compliance
Comply With This: A Beginners Guide to Marketing ComplianceComply With This: A Beginners Guide to Marketing Compliance
Comply With This: A Beginners Guide to Marketing ComplianceMichael Cunningham
 
8 Best Cheap Essay Writing Services 2023 Legit Paper W
8 Best Cheap Essay Writing Services 2023 Legit Paper W8 Best Cheap Essay Writing Services 2023 Legit Paper W
8 Best Cheap Essay Writing Services 2023 Legit Paper WWendy Belieu
 
Everything You Need To Know About First-Party Data Collection
Everything You Need To Know About First-Party Data CollectionEverything You Need To Know About First-Party Data Collection
Everything You Need To Know About First-Party Data CollectionPaulDonahue16
 
The Search for Market Dominance
The Search for Market DominanceThe Search for Market Dominance
The Search for Market DominanceSteveACI
 
Fourth Circuit Reverses Summary Judgment Against Rosetta Stone in Closely Wat...
Fourth Circuit Reverses Summary Judgment Against Rosetta Stone in Closely Wat...Fourth Circuit Reverses Summary Judgment Against Rosetta Stone in Closely Wat...
Fourth Circuit Reverses Summary Judgment Against Rosetta Stone in Closely Wat...Patton Boggs LLP
 
Auto Dealer Advertising Compliance
Auto Dealer Advertising Compliance Auto Dealer Advertising Compliance
Auto Dealer Advertising Compliance Jim Radogna
 
Google search bias letter 2016 01-26(1)-1
Google search bias letter 2016 01-26(1)-1Google search bias letter 2016 01-26(1)-1
Google search bias letter 2016 01-26(1)-1Greg Sterling
 
Google search bias letter Utah-DC
Google search bias letter Utah-DCGoogle search bias letter Utah-DC
Google search bias letter Utah-DCGreg Sterling
 
Google Adwords and Meta-Tag litigation
Google Adwords and Meta-Tag litigation Google Adwords and Meta-Tag litigation
Google Adwords and Meta-Tag litigation Len Mancini
 
Consumer heterogeneity and paid search effectiveness: A large scale field exp...
Consumer heterogeneity and paid search effectiveness: A large scale field exp...Consumer heterogeneity and paid search effectiveness: A large scale field exp...
Consumer heterogeneity and paid search effectiveness: A large scale field exp...Ира Пустовит
 
Consumer Heterogeneity and Paid Search EFFectiveness: A Large Scale Field Exp...
Consumer Heterogeneity and Paid Search EFFectiveness: A Large Scale Field Exp...Consumer Heterogeneity and Paid Search EFFectiveness: A Large Scale Field Exp...
Consumer Heterogeneity and Paid Search EFFectiveness: A Large Scale Field Exp...PhoneTrack
 
google adword controversy
google adword controversy google adword controversy
google adword controversy Rahul Soni
 
Social Media Marketing 03 24 2010 Non Ladas (Review Only)
Social  Media  Marketing 03 24 2010  Non  Ladas (Review Only)Social  Media  Marketing 03 24 2010  Non  Ladas (Review Only)
Social Media Marketing 03 24 2010 Non Ladas (Review Only)Matthew Asbell
 
Reserch paper master draft
Reserch paper master draftReserch paper master draft
Reserch paper master draftJonathan Cooper
 
Blake Lapthorn hosts inaugural TAG - IP speciality conference
Blake Lapthorn hosts inaugural TAG - IP speciality conferenceBlake Lapthorn hosts inaugural TAG - IP speciality conference
Blake Lapthorn hosts inaugural TAG - IP speciality conferenceBlake Morgan
 
Blake Lapthorn hosts inaugural TAG - IP speciality conference
Blake Lapthorn hosts inaugural TAG - IP speciality conferenceBlake Lapthorn hosts inaugural TAG - IP speciality conference
Blake Lapthorn hosts inaugural TAG - IP speciality conferenceBlake Morgan
 
Blake Lapthorn hosts inaugural TAG - IP speciality conference
Blake Lapthorn hosts inaugural TAG - IP speciality conferenceBlake Lapthorn hosts inaugural TAG - IP speciality conference
Blake Lapthorn hosts inaugural TAG - IP speciality conferenceBlake Morgan
 
Blake Lapthorn hosts inaugural TAG - IP speciality conference
Blake Lapthorn hosts inaugural TAG - IP speciality conferenceBlake Lapthorn hosts inaugural TAG - IP speciality conference
Blake Lapthorn hosts inaugural TAG - IP speciality conferenceBlake Morgan
 

Similar to When Search Engine Marketing and Trademarks Collide (20)

Ip 101-brochure
Ip 101-brochureIp 101-brochure
Ip 101-brochure
 
Comply With This: A Beginners Guide to Marketing Compliance
Comply With This: A Beginners Guide to Marketing ComplianceComply With This: A Beginners Guide to Marketing Compliance
Comply With This: A Beginners Guide to Marketing Compliance
 
8 Best Cheap Essay Writing Services 2023 Legit Paper W
8 Best Cheap Essay Writing Services 2023 Legit Paper W8 Best Cheap Essay Writing Services 2023 Legit Paper W
8 Best Cheap Essay Writing Services 2023 Legit Paper W
 
Everything You Need To Know About First-Party Data Collection
Everything You Need To Know About First-Party Data CollectionEverything You Need To Know About First-Party Data Collection
Everything You Need To Know About First-Party Data Collection
 
The Search for Market Dominance
The Search for Market DominanceThe Search for Market Dominance
The Search for Market Dominance
 
Fourth Circuit Reverses Summary Judgment Against Rosetta Stone in Closely Wat...
Fourth Circuit Reverses Summary Judgment Against Rosetta Stone in Closely Wat...Fourth Circuit Reverses Summary Judgment Against Rosetta Stone in Closely Wat...
Fourth Circuit Reverses Summary Judgment Against Rosetta Stone in Closely Wat...
 
Auto Dealer Advertising Compliance
Auto Dealer Advertising Compliance Auto Dealer Advertising Compliance
Auto Dealer Advertising Compliance
 
Google search bias letter 2016 01-26(1)-1
Google search bias letter 2016 01-26(1)-1Google search bias letter 2016 01-26(1)-1
Google search bias letter 2016 01-26(1)-1
 
Google search bias letter Utah-DC
Google search bias letter Utah-DCGoogle search bias letter Utah-DC
Google search bias letter Utah-DC
 
Google Adwords and Meta-Tag litigation
Google Adwords and Meta-Tag litigation Google Adwords and Meta-Tag litigation
Google Adwords and Meta-Tag litigation
 
Consumer heterogeneity and paid search effectiveness: A large scale field exp...
Consumer heterogeneity and paid search effectiveness: A large scale field exp...Consumer heterogeneity and paid search effectiveness: A large scale field exp...
Consumer heterogeneity and paid search effectiveness: A large scale field exp...
 
Consumer Heterogeneity and Paid Search EFFectiveness: A Large Scale Field Exp...
Consumer Heterogeneity and Paid Search EFFectiveness: A Large Scale Field Exp...Consumer Heterogeneity and Paid Search EFFectiveness: A Large Scale Field Exp...
Consumer Heterogeneity and Paid Search EFFectiveness: A Large Scale Field Exp...
 
google adword controversy
google adword controversy google adword controversy
google adword controversy
 
Social Media Marketing 03 24 2010 Non Ladas (Review Only)
Social  Media  Marketing 03 24 2010  Non  Ladas (Review Only)Social  Media  Marketing 03 24 2010  Non  Ladas (Review Only)
Social Media Marketing 03 24 2010 Non Ladas (Review Only)
 
Reserch paper master draft
Reserch paper master draftReserch paper master draft
Reserch paper master draft
 
Blake Lapthorn hosts inaugural TAG - IP speciality conference
Blake Lapthorn hosts inaugural TAG - IP speciality conferenceBlake Lapthorn hosts inaugural TAG - IP speciality conference
Blake Lapthorn hosts inaugural TAG - IP speciality conference
 
Blake Lapthorn hosts inaugural TAG - IP speciality conference
Blake Lapthorn hosts inaugural TAG - IP speciality conferenceBlake Lapthorn hosts inaugural TAG - IP speciality conference
Blake Lapthorn hosts inaugural TAG - IP speciality conference
 
TAGLaw IP seminar
TAGLaw IP seminarTAGLaw IP seminar
TAGLaw IP seminar
 
Blake Lapthorn hosts inaugural TAG - IP speciality conference
Blake Lapthorn hosts inaugural TAG - IP speciality conferenceBlake Lapthorn hosts inaugural TAG - IP speciality conference
Blake Lapthorn hosts inaugural TAG - IP speciality conference
 
Blake Lapthorn hosts inaugural TAG - IP speciality conference
Blake Lapthorn hosts inaugural TAG - IP speciality conferenceBlake Lapthorn hosts inaugural TAG - IP speciality conference
Blake Lapthorn hosts inaugural TAG - IP speciality conference
 

When Search Engine Marketing and Trademarks Collide

  • 1. When Search Engine Marketing and Trademarks Collide In the world of marketing, branding issues are always an important part of any campaign. Companies work hard for your name to be recognized as a quality organization and a leader in its field. Companies will defend any action they see as a negative to their brand. They do not want unauthorized third parties to advertise their products as they can do in a poor way, which will generate negative consequences for the quality of the brand of the company. Recently, Google was accused of violations by Geico and blinds brand in America. The cases (C 03-05340 JF U.S. District Court for the Northern District of California, San Jose Division) have gone to the discovery phase of litigation, which means that judges have said no is now sufficient to justify the facts possibly these demands. The impact of this study could be serious for search marketers. A "brand" is a word, a symbol (eg, Logo) or phrase that is used to identify a particular product and distinguish it from other products on the market. The degree of distinctiveness or uniqueness is what usually determines legal protection. Terms or symbols that are unique to a particular product or company usually do not receive protection. Generic terms are not protected. The claims made by Geico and American Blinds are that Google AdWords program violates the law by allowing competitors to buy keywords that are protected trademarks. Geico and American Blinds contest that by allowing advertisers to bid on the keyword that is essentially the same as selling the Geico or American name Blinds without permission. Trademark law was instituted primarily to protect the consumer. When a customer sees a brand or logo, they associate a certain quality and expectation of the logo. If inferior companies were allowed to use the same logo and have worse products or services, the consumer does not know what to expect. With trademark law the consumer gets a degree of certainty and avoids confusion or unmet expectations. According to lawyers this litigation could be very complicated. What Google has to do is convince the court that there is no customer confusion regarding how keywords and ads based on Google searches. Most likely be set by running various consumer surveys. If successful, this would set a legal precedent preventing future demands of the same nature, however, there is a big risk if Google fails. One hundred ninety-five to ninety-nine of Google's revenue model is in their advertising, and a ruling against him could be a problem for the company. If installed, however, as it did then the suggestion that sets no legal precedent allowing other companies doing the same charges in the future. Whatever the outcome, it is clear that in the coming months something will happen to the search
  • 2. marketing. At least, Google will have to monitor trademark infringement a little more vigorously, in the worst of the company may lose some of their income.