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Trademarked terms in ads

are the small players getting screwed?

     

topper99

3:52 am on Feb 3, 2006 (gmt 0)

10+ Year Member



I recently had an ad disapproved because it had a term in it classified as a trademarked term. I applied for an exception and received the following response, summarized:

We are unable to grant the exception requests listed below...your ad or keyword is no longer active...I've included your original message to us directly below each policy violation.

Trademarked Term: widgets
Your explanation: Upon searching for "blue widgets", I find there are 6 other Adwords advertisers on page 1 all selling blue widgets using the word "widgets". I'm assuming this ad kicked out by mistake and that "widgets" is not really a trademarked term.

What am I missing here? Why is it OK for some but not all?

[edited by: mona at 11:24 pm (utc) on Mar. 7, 2006]
[edit reason] no emails excerpts, please -thx! [/edit]

AdWordsAdvisor

1:09 am on Mar 8, 2006 (gmt 0)

WebmasterWorld Senior Member adwordsadvisor is a WebmasterWorld Top Contributor of All Time 10+ Year Member



I'll include your feedback in this week's Advertiser Feedback Report, cline. I've just pasted it in, as a matter of fact.

AWA

cline

2:36 pm on Mar 8, 2006 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



AWA, would it be reasonable to infer from your reply that the missing trademarks may be a technical problem rather than a legal problem?

BTW, I reported this problem to my Adwords rep weeks ago.

ryanfromaustin

8:11 pm on Mar 8, 2006 (gmt 0)

5+ Year Member



I have no problems using the keyword tool for suggestions on trademarked terms, including "ebay" and other terms I know to be aggressively protected by their holders. Perhaps this is just a bug...

Leva

12:58 am on Mar 9, 2006 (gmt 0)

5+ Year Member



I have a domain that has a trademarked term in it. I've owned it since before the trademark holder existed, and my site has nothing to do with their product, so there's no conflict. I get flagged on every ad I post for the site ... *shrug* I just cut and paste a standard reply stating why there's not a trademark infringement.

Google generally approves the ad by early the following morning. Not a biggy. *shrug*

Leva

buckworks

1:41 am on Mar 9, 2006 (gmt 0)

WebmasterWorld Administrator buckworks is a WebmasterWorld Top Contributor of All Time 10+ Year Member



A few days ago one of my AdWords clients had some ads disapproved for using a trademarked term.

The client is not a reseller of the product being advertised, they manufacture it!

I contacted Adwords via the live chat and was told that before the ad could be reinstated they had to receive a letter of permission on company letterhead faxed to such-and-such a number ... for the client to advertise the product which his own company makes!

venrooy

3:43 am on Mar 9, 2006 (gmt 0)

5+ Year Member



"I contacted Adwords via the live chat and was told that before the ad could be reinstated they had to receive a letter of permission on company letterhead faxed to such-and-such a number ... for the client to advertise the product which his own company makes! "

Herein lies the problem with Google's - and other big web sites' handling of copyright and trademark rules. They make it very easy for a competitor to take you down if they so desire. You don't have to have any type of real proof for Google to take a site down. All you need to do is fax in a swarn statement claiming that you have the trademark or copyright. To most kids coming out of - or still in College - a swarn statement means nothing.

Ebay handles it the same way. I've had a large business destroyed by fake faxes sent into ebay claiming infringement. You can send in a counter claim. But the rule is to take you down every time there is a faxed in claim of infringement - even if it's the same person you just filed a counter notice on.

I hope Google gets a better handle on these rules for all of our sakes.

cline

1:24 pm on Mar 9, 2006 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



venrooy, sounds like you've got grounds for a lawsuit. Did you pursue it? You have a case against the fraudulent faxer.
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