Competitor Clones Ad

Is this allowed?

[The Grizzler]

We have just noticed that a competitor is using a clone of one of our Adwords ads. Absolutely word for word, both header and text.

This appears for the same keywords we use and makes us both look stupid as we generally occupy the top 2 positions.

Is this allowed?

[lgn1]

We generally look at other competitor ads to get ideas, but copying is kind of stupid, as you will split the CTR at best. The idea is to make your copy better than the nexts guy, not the same.

We sometimes have duplicate first (header) lines because at 25 words max in bold, you get the best CTR by making them the keywords the customer was searching on.

On a two word keyword ad, this does not leave much space left for creativity. The creativity should be in the second and third line of the adword. Which should be original in nature.

I wonder if ad copy can be copyrighted, Probably technically yes, but for all pratical purposes unenforceable.

[Jenstar]

Here is AdwordsAdvisor's take on it:
[webmasterworld.com...]

[The Grizzler]

Jenstar - thanks. I had looked for a relevant post and was unable to find it.

I have just had an email back from Google Adwords stating that they cannot do anything about this other than forward any reply to their email to the company concerned.

Has Google no shame? Imagine a full page of Ads all with exactly the same header and text. It seems to me that Google needs to address this issue.

[RedWolf]

Technically if they copied your ad text word for word that is a copywrite violation. A work does not have to be novel length to get automatic protection. The problem is that since Google refuses to help you are really out of luck unless you wanted to take legal action. You could file a DMCA complaint with Google though and they would be required to take action.

[The Grizzler]

We have just had to do the same thing with someone who copied our website almost entirely. We sent Google a fax 3 weeks ago regarding DMCA infringement and they have still not taken any action. This covered both the normal SERP's and Adwords.

It would appear that Google likes the cash without the responsibility.

Google will not be forced to tighten their policies regarding Adwords/Copyright Infringement whilst they are quite so dominant.

[Syzygy]

Technically if they copied your ad text word for word that is a copywrite violation. A work does not have to be novel length to get automatic protection.

Only if the 'work' is copyrighted in the first instance, otherwise it's merely plagiarism...

Syzygy

Standard disclaimer: I am not a solicitor and the value of your adwords may go up or down ;-)

[The Grizzler]

To give this a happy ending...

I have just had an hour on the phone with the offending webmaster, who has agreed to remove the duplicate ad.

Interestingly, he stated that he too is becoming rather disillusioned with the lack of true support from Google Adwords. The main thrust of his argument is that the service that he receives is not commensurate with his rather large expenditure.

I wonder just how many other companies are beginning to feel the same resentment.

[anallawalla]

Re Google DMCA,

The fax may have gone to the wrong place, so try again. I have had three faxes acted upon within a day or two, but this was some months ago.

[The Grizzler]

anallawalla - We actually sent the fax to Google twice and received an email stating that they had received this.

Unfortunately we then received 2 more emails giving details of how to complain about trademark infringement!

I can only presume that they misread our DMCA fax.

[cline]

On stuff this short, it's hard to argue that you have a copyright. A while back I had a competitor complain about my copying their ad. Yes, the ads sure were similar, but the offers were identical too! In the tiny space Adwords gives for text, there are great limitations. There are only so many text-efficient salesy ways to say you sell Brand X widgets, guarantee the product, and offer free shipping.

Unless you've got a tagline salesmarked, this kind of duplication is to some degree bound to happen, even unintentionally.