Adwords and IP

[CKG]

One of our suppliers has just had a toys out the pram paddy because we used their name as a google keyword and demanded we stop using it along with a whole list of other silly niggles.

Is it thought of as wrong to use a suppliers name as a keyword in google world?

I guess if their name is trade marked they have every right to tell me not to use it.

I guess they must be waching us quite closely to notice.

Advice please

 

[directmarketingadvice]

One of our suppliers has just had a toys out the pram paddy because we used their name as a google keyword and demanded we stop using it along with a whole list of other silly niggles.

Is it thought of as wrong to use a suppliers name as a keyword in google world?

It depends on the wishes of the supplier.

To put it simply: if you hack them off, they can simply stop supplying you.

I guess they must be waching us quite closely to notice.

Probably not. They would have typed their own name into google and seen what ads come up.

Steve

 

Get another supplier if you can,outrageous behavior if you are selling there products for them.

we sell hundreds of branded products it would be ridiculous if we were not allowed to use there name in any context.

although I did have a problem with one of Bombardier's legal team once objecting to us using "can am spyder" but it turned out he was just being a solicitor,and when the sales people explained the facts of life to him.He calmed down ,seems he did not like us ranking higher than Bombardier on the search engines.

Earl

 

[CKG]

Im thinking it's probably a bit of corparate muscle flexing to put us in our place as they have been so so petty. They even had the cheek to say we are not alowed to use the logo of the product we promote on our web site on their behalf.

I'm thinking they want to get us out of the picture for breach of our supply contract and sell directly to a couple of our clients to save paying our commission on a couple of fairly large development deals that are in the pipeline.

We shall see.

 

[Deleted member 13430]

This article might help:-

http://www.out-law.com/default.aspx?page=6775

In the UK, you can use the registered trade mark of another trader to identify his goods or services as long as its in accordance with honest practices in commercial and industrial matters. Similarily with unregistered trade marks which warrant common law protection you can still use another brand in relation to the brand owners goods and services providing you have acted honestly. To take an 'off line' example Sainsbury can use the registered trade mark HEINZ to promote and sell genuine baked beans which orignate from Heinz. Thus in your case if you are simply using the trade mark to push people through to your site selling the suppliers branded goods I don't see a major problem. A problem may however arise if in some way you are suggesting a greater association there there really is between you and them in the way you promote your site and/or you sell other peoples branded goods on your site thus using one traders brand to drive web traffice to a site selling other peoples goods. However the law of adwords is a bit inconsitent and the out-law.com webiste article may help a bit.

Be careful about using logos as they may have copyright protection in the logo and using logos often suggests an 'authorised dealer' suggestion which you might not be able to claim.

How you can use trade marks visibly and in keywords and whether such use is OK, all depends on the particular circumstances in which you use the particular brand, so if in doubt get some expert advice.

 

[directmarketingadvice]

I'm thinking they want to get us out of the picture for breach of our supply contract and sell directly to a couple of our clients to save paying our commission on a couple of fairly large development deals that are in the pipeline.

I had assumed the reason they didn't want you to bid on their name because they sold direct to the market as well as through supliers.

If that was the case, it would make sense to prevent you from bidding on their name.

However, if they don't sell direct, something's going on.

Steve

 

[andysears]

If they have their own campaign they surely would not like you bidding against them on thier name.

Most affiliate campaigns have similar restriction with either banning you bidding on their company / product / trade names or restricting the actual amount you are allowed to bid.

 

[Rhyl Lightworks]

Some companies seem keen for buyers from them to promote their products, whilst others seem paranoid about it. We do not use their brand names for adwords (although that has given me ideas about this), but we do use the pictures and sometimes the descriptions of products on their website, with their permission. One company however will not sanction anything like this. As a result, our buying from them has gradually dwindled, whereas it has increased from the others. None of them sell direct to the public. It seems very short sighted on their part. Its probably good policy however, if you do anything like this, to tell them what you intend to do, and ask if they object, probably contacting their sales, rather than legal department.
Barrie

 

[Words of Magic]

Most affiliate campaigns now restrict advertisers bidding on their brand name and/or certain terms. Once upon a time it wasnt a problem and it was quite easy to make a lot of money on the back of tradenames. Those days are well and truly over. You have to be very careful nowadays because companies nowadays will file a law suit.

Wishing you all the success in the world,

 

[lewey]

This seems to come back to the relationship you have with your supplier, and what the terms of business are between you.

Trademark owners are able to apply to Google to have the use of their trademark restricted in ad text and as a keyword trigger.

 

[CKG]

All sorted now - we removed the keyword to keep them happy.

It seems that the people they supply must be submissive to their demands and not develop an image or reputation superior to theirs.

I see their point from a business view but it make it very hard to build a relationship with a company that wants to stamp all over you incase you out maneuver them.