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Catch-22 on Adwords Trademark Term Usage

Publicly obvious information is a secret at Adwords

         

cline

2:05 am on Jul 29, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



<rant>There is a certain well-known manufacturer of consumer goods requiring frequent replacement components that has requested Adwords to forbid the use of its trademark in ad copy.

However, over the past several months since this has been put into effect, I continue to find large numbers of advertisers running ad copy containing this trademark term -- a term the editors are supposed to be prohibiting.

So, I report them to Adwords. And report more of them to Adwords. And even more of them. A few dozen now.

Many I haven't seen again, but several keep showing up. Finally Adwords informed me that some of these advertisers have permission from the trademark holder to use the term. Fine, I say, just let me know who they are and I'll stop reporting them.

Sorry, we can't do that. That's confidential information.

I'm not asking for a list of all advertisers that have persmission. I'm only asking whether the ones I'm repeately having to report have permission.

Nope. That's confidential.

How can it be confidential any longer if the advertiser is using the term in their ads? They are implicitly publicizing the fact they have permission. If Adwords' editors were doing their jobs correctly, then anybody could identify that an advertiser had permission based on the fact that they used the term in their ad copy. Since the advertiser themselves is disclosing through their actions that they have permission, then it cannot be a breach of confidentiality to confirm that they have permission.

Silence.

[and without such a confirmation, and with such a large, on-going flow of advertisers getting past Adwords' editorial screening, it feels a bit like CYA -- denial of information to assess whether the editors are doing their jobs and whether advertisers are being treated fairly.</rant>

cagey1

2:32 am on Jul 29, 2005 (gmt 0)

10+ Year Member



There is at least one well-known manufacturer of consumer goods that allows some, but not all, of its affiliates to advertise using their trademark. I'm sure there are others. As in any business, it often pays to be a "preferred" partner/supplier.

AdWordsAdvisor

4:31 am on Jul 29, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



... without such a confirmation, and with such a large, on-going flow of advertisers getting past Adwords' editorial screening, it feels a bit like CYA -- denial of information to assess whether the editors are doing their jobs and whether advertisers are being treated fairly...

Cline, while I can understand your frustration, please know that no one at AdWords will be able to give you any information about any other advertiser - which is exactly as it should be.

It is not CYA. Rather, it is an extremely important obligation that we have to each one of our advertisers.

AWA

cline

2:40 pm on Jul 29, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



no one at AdWords will be able to give you any information about any other advertiser - which is exactly as it should be

Ah, but it's not true, and it is the falseness of this statement that is my point. By running ads Adwords is giving information about advertisers. That information is, among other things:

* who is advertising
* what are they advertising
* what their landing pages are
* what trademark terms they use in their ad copy

If the statement were true, then Adwords could not run ads. This situation isn't about confidential information.

Frequent

3:41 pm on Jul 29, 2005 (gmt 0)

10+ Year Member



cline,

There is a huge difference, in that the information in an ad is provided by the advertiser to possible customers.

G$ is reasonably expected to deliver the information that an advertiser specifies to any potential customer. It is also reasonably expected not to discuss any additional information that the advertiser does not specifically want to disclose.

Freq---

sem4u

3:53 pm on Jul 29, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



cline - Google should not be giving out this sort of information. You can see who they are by doing searches anyway, so what is the issue?

cline

11:16 pm on Aug 9, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



The situation is similar to the tiff Google is having with CNET [sfgate.com]. CNET searched on Google for information about Google's CEO, Eric Schmidt, then republished that information in an article about using Google to find information about people. Google responded to this by banning anyone in the organization from providing information to CNET.

Google seems to think its organization should be accorded a higher level of confidentiality than anyone else is accorded.

The fundamental point here is the same. Through what it publishes as search results and as advertising Google is implicitly providing information that some people would prefer would be confidential. But, the cat is out of the bag. It's now published. Which means it's no longer a secret.

skibum

6:12 pm on Aug 10, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



There is no way Google should discuss confidential infomation regarding advertisers. As mentioned, anything running in the AdWords system is public for anyone to see, however, any business relationship between business partners is the business of those partners and no one else, unless those partners elect to disclose it.

If the TM holder is unwilling to give out a list of who has permission to use the TM terms, then Google would be very far out of line to do so.

cline

6:49 pm on Aug 10, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



My point is that it is not confidential information.

suzyvirtual

7:19 pm on Aug 10, 2005 (gmt 0)

10+ Year Member



cline, i would just forget the issue. i certainly wouldn't want google disclosing any special permissions i had to other people.
Though I understand your frustration, the time you spent reporting people and worrying about this issue could probably be way better spent optimizing your own campaigns in other ways and not trying to play citizen police, adwords will eventually find and get rid of those infringers that should not be there.

cline

7:44 pm on Aug 10, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Hunting down these infringers is part of what I do to optimize campaigns. If you can get rid of these infringers, your CTR goes up.

The only way Adwords can avoid disclosing that you have special permission to use a term in your ad copy is to prevent you from using the term in your ad copy. Once you use the term in your copy, you've disclosed the information. It's no longer confidential.

skibum

8:50 pm on Aug 10, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



By similar logic, Google should be willing to give a me a full list of all the keywords all my competitors bid on. Since they have ads running that everyone can see, that's not confidential either is it?

cline

9:56 pm on Aug 10, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



No, the logic is not similar. To make it similar, you'd have to do the search yourself, identify and record the competitor, the keyword and the point in time, then ask Adwords to confirm that the competitor had at that time advertised on that keyword.

jim2003

12:46 am on Aug 11, 2005 (gmt 0)

10+ Year Member



Hello,

Cline, I think you are somewhat inconsistent in your complaint. If the information you seek is publicly available in the search engine just get it yourself. If its not available in the search engine, then Google certainly shouldn't disclose it selectively too you.