Google relaxes Adword Policy

[SolsburyHill]

Not sure what people think of this new policy coming into force on the 14th September but the link maybe of interest:-

http://www.hgf.com/legal_updates.asp

I appreciate there is a fair amount of comment online on this new policy, but it will be interesting when the Interflora decision gets back to the UK courts after the initial European Court of Justice findings in a few months time, what the court states on what is or is not allowed. Essentially what is or is not confusing usage of trade marks in keywords will be up to the national courts on a case by case analysis.

[NutPog]

I read about this in the AdWords blog the other day. The updated trademark policy can be found at:

https://adwords.google.com/support/aw/bin/answer.py?hl=en&answer=177578

So as I understand, it means if I'm Adidas, I can serve ads saying "Nike sucks, Buy Adidas"?

[OldWelshGuy]

I read about this in the AdWords blog the other day. The updated trademark policy can be found at:

https://adwords.google.com/support/aw/bin/answer.py?hl=en&answer=177578

So as I understand, it means if I'm Adidas, I can serve ads saying "Nike sucks, Buy Adidas"?

Nope that would be illegal under a different section of the law.
legal
decent
honest
truthful

We believe Nike Sucks, and you should Buy Adidas is Ok but that is then potential libelous so could be actioned :p

[SolsburyHill]

The PortaKabin decision suggests that a reseller of product can use the trade mark visibly in the linked advert. With regards using the brand name of a competitor as a keyword the courts have still to decide on the issue but it seems for now the visible use of a competitors trade mark in an adlink is not wise.

The golden rule coming out the ECJ is if there is any possibility of consumers being confused into the origin of the goods or services advertised then there will be trade mark infringement.

[MASSEY]

So we are going to see loads of slating,

But putting "we believe we are cheaper than addidas" or similar will make people click probably because people see the word addidas.

[NutPog]

yeh i can see the updated policy causing a lot of havoc... but in the meantime google will continue to make even more money...

[JElder]

So we are going to see loads of slating,

But putting "we believe we are cheaper than addidas" or similar will make people click probably because people see the word addidas.

Possibly - but if the visitors were expecting to get addidas shoes and don't, then conversion is likely to be rubbish. That's the whole point of strong brands - people will often not even consider a competitor, even if it is better/cheaper/greener/faster.

[directmarketingadvice]

A better explanation is here:

http://adwords.blogspot.com/2010/08/update-to-canadian-uk-and-ireland-ad.html

In particular:

allow some advertisers to use third party trademarks in their ad text even if they don’t own that trademark or have explicit approval from the trademark owner to use it.

These advertisers include resellers, sellers of component, replacement or compatible parts corresponding to the trademark and informational sites.

Seems a step in the right direction, IMO.

For example, right now, if you're selling Ipods, you can't even use the word "ipod" in your ad - even if you're 100% genuine. That's just daft.

Steve

[JElder]

Its not clear from the update how it will affect one big area: compatible parts.

I run a PPC campaign for one client, Autobulbs Direct (http://www.autobulbsdirect.co.uk), and we run adverts for all the major car makes - keywords are things like 'ford bulbs' and similar.

However, quite a few brands prevent us from using the keyword in the ad text as it is a trademark, so although we sell OEM bulbs for that make of car, we cannot specifically say so. It's a bit annoying as it reduces Quality Score and increases costs on these ad groups.

So if I sell parts for Fords or compatible cartridges for HP printers, can I now say this in the ad text?

[directmarketingadvice]

So if I sell parts for Fords or compatible cartridges for HP printers, can I now say this in the ad text?

Maybe.

From what I've read, the odds of being able to do it will increase, but they're not going to be 100%.

Steve

[deviltronics]

For example, right now, if you're selling Ipods, you can't even use the word "ipod" in your ad - even if you're 100% genuine. That's just daft.

Steve

Yep, that is a right pain in the ****