Adwords - Intellectual property

[LukeB]

Hi all,

We have a copyright on the name of one our products... now where do we stand when we find one of our competitors (and I use that word loosely! :p ) decides to set up Google ad words using our company product name to promote their own website...

I have requested in writting that they remove it, but they have ignored that...

Thanks,

[Words of Magic]

Hi all,

We have a copyright on the name of one our products... now where do we stand when we find one of our competitors (and I use that word loosely! :p ) decides to set up Google ad words using our company product name to promote their own website...

I have requested in writting that they remove it, but they have ignored that...

Thanks,

I suggest you get in contact with google and inform them that this company is in breach of copy right law. They will resolve the matter quickly and stop their ad's from running for specific terms.

Wishing you all the success in the world,

[SteveGibson]

I have requested in writting that they remove it, but they have ignored that...

And they're quite right, too.

It's up to you to explain to google why no-one should be allowed to bid on a search term that contains your name.

But, be warned, there are plenty of big name companies whose names can be advertised against (e.g. Microsoft), so don't expect this to be a given.

What you might have to settle for is to prevent people using your name in the text of their ads.

Companies like Kodak have that.

One of my clients advertises for terms that include "Kodak", but we're not allowed to use the word in the text.

(though Currys can, which is annoying, e.g. see the term "kodak cameras")

Steve

[SolsburyHill]

I assume when you say you copyrighted it you mean you have registered it as a trade mark. There is no copyright in a word mark per se. The IP in trade marks come either by registering them as trade marks or based on common law rights in the goodwill established via use. If you haven't registered your mark as a trade mark, you will have to rely on common law rights (passing off).

I suggest you make a Google complaint and see what reaction you get. If the mark concerned is a registered trade mark and is identical to the adword then Google should help, if the marks are similar and you do not have registered rights your position with Google will be weaker and they may not entertain your claim.

Also check if the competitor is using your mark in the metatag text. If google won't entertain your claim you would have to result to trade mark infirngement and/or passing off action. There is a whole raft of case on that. try this link may help:-

http://www.out-law.com/page-6775

[Cred-X]

Interestingly, Google does not seem to allow any ads for "Burger King" or "McDonalds"

[rjharrison]

Nor apple products.

[dotwhack]

I came across this a couple of years ago - you need to:

1) Have your company name as a trademark
2) Contact Google and fill in their paperwork with your trademark details and reasons why you don't want others using it
3) Wait about 8 weeks for Google to respond (you have to send it into their California office I think)

Some companies stop doing it if you send them an official looking letter with trademark details and mention the word 'solicitor'.
Or you can play them at their own game - agressively bidding on their brand - however this depends on where you stand ethically!