Trademarks in AdWords Fox Valley Computing Professionals July 13, 2009 Eric Michalsen [email protected]
FVCP Trademarks in Ad Words
Jan 17, 2015
For the Fox Valley Computing Professionals, this is a short presentation that was given on using trademarks in AdWord strategies.
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Transcript
I am NOT a Lawyer
...but I married a pretty one who did not help me in anyway...
so any information you gleam from this, well, you are on your own.
Seriously, I didn't even graduate college. Don't get me wrong, I love Perry Mason, I just don't know a thing about the LAW,
so if you take anything out of this, take this: Find your own counsel.
...what this is about
Keyword advertising allows advertisers to
select, for each of their ads, keywords that will cause those ads to appear on search result
pages.
...mechanics
Advertisers bid on a keyword by indicating the maximum price they are willing to pay each
time a user clicks on the ad.
Got Cash?
The highest bidder does not always get
the highest ranking.
Trademark owners complain that the sale of their trademarks as keywords is an improper
attempt to profit from the goodwill of their marks.
These cases turn on whether such purchase is a “use in commerce” of the mark or a “fair
use” of the mark.
J.G. Wentworth v. Settlement Funding, LLC
Court siding with advertisers, ruled that using trademark-protected words to trigger internet advertising does not violate trademark law.
Geico vs. Google
Google’s practice of using the mark “Geico” as a search word or keyword in Google’s
advertiser program, a federal trial court ruled that using marks as keywords to launch
advertising does not indicate a trademark violation provided that the mark does not
appear in the sponsored links.
Playboy vs. Bunny, Terri Welles
In her site which included the trademarks “Playboy” and “Playmate” in her meta tags,
the Court found that because Ms. Welles was in fact a Playmate, including Playmate of the Year, and that the use of these marks in her
meta tags was ”fair use”.
The mark was actually part of Ms. Welles identification.
Thank You !
The Fox Valley Computing Professionals
http://meetup.com/foxvalleycp
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Eric Michalsen [email protected]
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