January 19, 2011

5 AdWords Tips for Monitoring Your Trademarks -- A Client's Success Story

Google AdWords and Trademarks

Kosar's situation isn't uncommon. Many businesses purposely purchase keywords featuring competitors' trademarks, which isn't illegal in itself.

So was this a case of fair competitor use? Or was there any deceptive practices casing real consumer confusion? And remember, without a federally registered trademark, do you even have a case to begin with?

I asked Rosenberg the following questions about Kosar's case:

1. Does featuring a competitor's company name in both the title and description of a sponsored ad (on Google Adwords) constitute trademark infringement?

2. Does Google have any responsibility to remove the competitor listing?

3. Does the fact that the original business has not officially registered the trademark name affect their allegation of trademark infringement? Or does their having a 'common law trademark' help them, and in what way?

4. What would be the proper way of pursuing a trademark infringement claim with Google, on its AdWords Program?"

Read more details here - 5 AdWords Tips for Monitoring Your Trademarks -- A Client's Success Story - Search Engine Watch (SEW):

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