Legal question -> keywords

[the_nerd]

One of my customers runs an adwords campaign - and one of the used keywords is a protected brand name.

Now the company owning the brand name threatens to sue my customer if he doesn't take off the keyword in question.

Did anybody here experience a similar case?

Thanks a lot for your help.

[eWhisper]

Google's FAQ [adwords.google.com](question 7) has the information about how G treats trademarks.

If they are actively trying to protect their trademark, its best to comply with their wishes and not put yourself in a position to be sued.

[cline]

Yes -- on the other side of the issue.

If you're advertising on their trademark, take the ad down.

Personally, I think this should be legal, but it isn't, so that's how the game is played.

[nyet]

it is neither legal nor illegal. It has yet to be tested in an American court.

Personally, I would not want to be the test case (on my dime anyway) but there is a good case to be made either way.

[Andrew4444]

Google must have a list of trademarks that it compares keywords with.
I had a customers keyword suspended because the name of one of Her Majesty's Ships was the same as the name of a river in South America.
I contacted Google and explained that I was using an exact phrase match [HMS River in South America]and it was re-instated.
Did Google suspend your customers keyword? If so it may be possible to use it within a phrase as I did.

[nyet]

They might keep a list if there has been a complaint made before on that word or phrase. But AFAIK they don't maintain a 'master' list or anything. We use many trademarks of our competitors (and they use our name), generates good traffic. Keeps the public aware of their options in the marketplace.

[the_nerd]

Did Google suspend your customers keyword? If so it may be possible to use it within a phrase as I did.

No - Google didn't mind so far, but the competitor sent an "Abmahnung" (special stuff in Germany). Abmahnung means: You have x days to declare that you will stop what I don't like. If you don't I'll sue you. If you declare, but continue anyway, you owe me ****xx $

In many cases this is used by questionable persons who want to extract money out of people who e.g. have a wrong comma in their "inpressum" - but it can a well be used by a competitor who feels his rights are "hurt".

Thanks for all your answers, I really appreciate your comments.

[wheel]

My understanding is that advertising using trademarked names as keywords for your adwords campaign is not illegal. Certainly don't use trademarked words in your ads because that is getting on the naughty side of the law.

Google's position is that they don't allow advertising on trademarked names. So don't do it.

However.....am I supposed to know that all my keywords are trademarked? Of course not. So I go ahead and advertise on competitors keywords, blissful in my ignorance. If a trademark owner pops up and complains to Google then you'll have to stop advertising on that keyword. But not until then.

[Laxters]

I've had keywords rejected fairly recently for trademarked content. I thought they dinged those ads because the brand name was in the keyword. The more I think about it, we had the brand name in the Ad Title too.

If I'm reading correctly, are you saying that we _can_ put brands in keywords, but _not_ in the Ad Title and Google will allow that?

For example, would keywords "abc widgets" be accepted with an ad title of "Widgets for sale" without the "ABC" name in the title?

AWA, any clarification on this?

[AdWordsAdvisor]

Just have a sec, so here is a bare-bones answer.

Basically, when a trademark owner has 'complained' it is handled on a case by case basis - per the specific requests of that trademark owner.

So it may be ads and keywords - or just keywords - or just ads.

Also, I'd suggest following the link that eWhisper provided way up there in post #2. This will take you to the actual policy. (Thanks eWhisper.) There is also a link there to the trademark complaint procedure.

AWA