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I dont handle the PPC side of things, I am the organic guy, but is there anything that can be done? Any suggestions?
Then i read [webmasterworld.com...] and it says that BMW is trademarked. Granted, we are not BMW, but it is our trademarked comany names and products.
Before we start oozing tears of sorrow for the "violated" trademark holders - lets give a few examples of trademark protection run wild. For example , did you know the word "Latitude" is a trademarked term by Dull computer? Thats right. You cannot put the word latitude in any context relating to computers using adwords or any other context. In fact if I was warren buffet, and wanted to run an ad saying I was giving away a latitude computer to all families in dire circumstances (Give Away!) the crack google trademark police would disallow my ad.
Go ahead and try it.
Hundreds of english language names or descriptors which some company decided to adopt are now off limits because Google and other advertising mediums go along with the notion that if a "got bucks" corporation decides to name a product "Sunday" and then uses the flawed trademark laws in this country, then Google will become a willing co-conspirator to banning the normal use of the word Sunday. This is in fact what is happening.
Pretty soon, Google adwords will be a highly regulated manufacturer approved sales channel. Google - stand up and say no to frivilous trademark claims.!
I would not ask what can be done if that were the case.
These keywords are ours and nobody elses as far as i see it. Meaning Not frivolus.
product2name <--we created
product3name <--we created
product4name <--we created
product5name <--we created
I can assure you these names are not similar to anything(except themselves). They are product names that we created (including the software). There is not a single generic, or remotely close term that would seem frivolus. In fact every product we make has our company name in it except for 1 and thats a unique name that would not be firvolus either.
I guess it just irritates me and the company because a lot of work and money has been put in to the development of these products and when a competitor bids on the keywords, and sells their own products, you would think something can be done about it.
BUT, Google responds to $$$$ and Dull Computer spends millions with Google - thus the accelerated trademark enforcement of such ridculous terms as "LATITUDE".
As I said - SUNDAY is next....
It's advertising space, if we really wanted to get picky with all the trademark stuff then technically when someone searches on something like "Dell" then only ads and web sites owned by Dell should show up. No one seems to have a problem with web sites getting free traffic under a trademark search but do if the traffic is being paid for?
Perhaps you search on a name brand because it is all you know and then see an ad for a product you never knew existed by another company and it turns out to be a better choice?
I do this all the time as a consumer because it is an easy way to find similar products and services. It's logical and common sense. You advertise where your competitors potential customers are as long as you don't misrepresent yourself.
I know many will disagree with me 1000% on this but as long as the other ad in no way tricks or confuses a person into thinking they are the name brand I see no problem.
A while back I discovered the keyword "falcon" is trademarked to this day I've never heard back from Google why despite repeated inquiries.
The word....I'm sure you're wondering
currently awaiting clearance from G...sigh
The problem is two-fold exacerbated by the fact that Google is a US Company.
One the "Trademark" process in the US is run by complete idiots in the federal Government who grant outrageous trademark Protection.
Two, Google does not want to shoulder the burden of challenging this absurdity when the Trademark Holders will:
1. Sue Google at the drop of a penny (They have a lot of money)
2. Pay millions to Google for near exclusive advertising on Google.
IMHO - the only way this marketplace trademark insanity can be stopped, is if some up and coming law firm wants to make its mark in the class action lawsuit world.
And technically, a claim for a common word like that is not strong at all. I doubt they could defend it in court.
And am I missing something? Everytime I've written in my reason for an exemption on a trademark or squaretrade issue, I've gotten it.
Yes, the AdWords databases for both are annoyingly oversized, and this part of their program is not as smooth as others, but in my experience you can get around it easily with the write-in exemption.
Again - there is a conflict between Google doing the "sane" thing and the money of DULL.
The problem lies with incompetentence in the TRADEMARK office.
Alternatively email your competitor and ask them to stop bidding on your trademark, has always worked for me.
<email quote removed -- included UK phone number>
Obviously people in US do not call this number.
[edited by: eWhisper at 12:12 pm (utc) on July 5, 2006]
[edit reason] Please don't insert emails. See TOS. [/edit]