Will Google remove a site that violates my trademark?

There is an adult site that is using my trademarked name to list well

[Shawn Collins]

I just conducted a periodic search for the trademarked name of my company, and found that an adult site is using the company name all over one of their pages, and achieving a high listing in Google for that name.

Does anybody know if Google is willing to remove a site that is making a clear trademark violation?

[cabbie]

Have you tried a spam report?
They may look at it.

[messan]

Google is pretty sensitive to spam reports.

If you've got a solid case, they will most probably help.

[Shak]

[google.com...] should do the trick.

Shak

[Neo541]

From [google.com...]

Please Note: The foregoing procedure applies only to the use of trademarks in advertisements, which are clearly marked as sponsored links on our results pages. We do not take action on objections to the use of trademarks in sites that appear in our search results, i.e., the left-side of a results page. For any such objections, please contact the site owner directly.

[Jenstar]

You can also look at [google.com...]

I can't remember offhand if they do trademark infringement, or just copyright infringement. But it might be worth a try. And if they used any text at all from your company site (text, metas, etc) then you can definitely file a DMCA report for copyright infringement.

[Dolemite]

Google is pretty sensitive to spam reports.

LOL! About as sensitive as a coma patient on horse tranquilizers...

[metagod]

bahahaha dolemite!

[Jesse_Smith]

::Google is pretty sensitive to spam reports.

From what I've hurd here, if you do a spam report, there is maybe 1 or 2% odds of the site geting de-listed/banned.

[Herenvardo]

::Google is pretty sensitive to spam reports.

Of course! I reported a site that was directly after mine in SERPs for my main keyword and, 24 hours later, ¡it is before mine!

[kmtell]

Have you tried contacting the actual site in question first? If Google removes it, other SEs will still be listing it. I'd say take it up with the site owner before bringing Google into it--it's not Google's fault this site is in violation of a TradeMark.

[Shawn Collins]

> Have you tried contacting the actual site in question first?

We plan to do that, too - sending a C&D to them. But if they blow off the C&D, they are in Canada (we're in NYC), it's unlikely that we will go beyond that.

[verbum]

If you hit a wall in contacting the infringers, get in touch with their host/ISP. In so doing, make sure you don't even mention the DMCA since, as alluded to above, that Act doesn't cover trademark infringement.

[snoopy]

Shawn,

You can definitely get the site removed so long as it truely is violating a copyright that you can show proof that you own. It's not an easy process by any means and for some reason it all needs to be done in hard copy format. Before doing this Google will require that you do contact the domain owner to see if they will kindly remove the trademark. If the problem persists you can take action by contacting Google directly.

Here's the contact info.

Google, Inc.
Attn: User Support, DMCA Complaints
2400 Bayshore Pkwy
Mountain View, CA 94043

fax: [phone] attn: User Support, DMCA Complaints

Good luck

[tbear]

I wouldn't hold your breath waiting for Google to react.
About 4 weeks after my sending reports (snail mail) to Google and nothing......... Rip-off sites are still up there enjoying my work and conning Google at the same time. ISPs not interested either (site owners laughed when contacted, one has posted an insult on his site).
Think I'll look into a serious occupation with some safeguards to intellectual rights.

[vincevincevince]

send a cease and desist letter to the registered holder of the domain with a clear time limit

[tedster]

Good information at [chillingeffects.org...] -- you may get some direction there.

[jbinbpt]

Shawn,
The tone of the first contact is important. I have found better results with a low key, lets keep the lawyers out of this approach, that with a formal C&D from a lawyer.
This won’t prevent you from taking other measures, but if it works you will save a bundle of money.

Thanks to Tedster for that link. Good information there

[rocco]

you should have contacted the site owner long ago, as mentioned above, with a friendly email. but make clear that you will contact his host and your lawyer if you wont see action within the next 10 days.
we also have been contacted by lawyer due to copyright infringment, actually pretty many times. we never did it on purpose, many terms seem to be copyrighted. a simple e-mail would have done the job also for us.

[Shawn Collins]

> you should have contacted the site owner long ago

Just found it this week.

We have a lawyer in-house, so I think we'll give them a friendly C&D and see where that takes us before having to escalate.

Thanks to everybody for all of the valuable advice.