We created a small site which offered similar products to a large company. We set up and adwords campaign and like many advertisers bid on the name of the larger company. I am not aware that this is inappropriate as it seems to happen regularly (search for expedia and geta myriad of non-expedia websites).
Within day the larger company wrote to us demanding we removed our site and apparently had already contacted google asking for the ads to be removed from adwords. Google did.
Now there are many issues involved here, not least that the large company actually has any real recourse or right to request what it has. However, the biggest probem for me is:
Someone else asked Google to stop one of my adwords campaigns and Google did. They never once informed me this had happened. The only reason I know it had is because the large comapany told us.
Don't get me wrong I understand Google want to keep their hands clean. But surely I should be notified. I could easily justify doing the same to other companies. Google appear to have handled this badly.
Any advice or similar stories?
was the other companys brand a TRADEmark that you were bidding on?
[adwords.google.co.uk...]
I do agree that Google have a very bad habit of NOT notifying advertisers of many crucial actions to their account such as in this case, credit card declined etc etc.
Shak
We created a small site which offered similar products to a large company. We set up and adwords campaign and like many advertisers bid on the name of the larger company.
You just described exactly what trademark infringement and market confusion is - rookie IP law. It's not an excuse to say you didn't know - but I don't see why they'd pull the entire campaign (unless it was entirely focused on the big company name)...
I think the main issue for Google is that it has inconsistent trademark policies - I say inconsistent in that it is different accross the pond than in Europe. I take it this was a European advertsiser? I also take it that you had their name in the ad copy?
The problem is that Google wants to automate a system and that is very difficult to do. Overture use humans for trademerk reviews whereas Google tries to remove the onus on themselves to adhere to trademark issues.
The strange thing is that the current Google review process seems to be neither manual nor automated so it's very difficult to know when and when not to expect communication from them.
In your case, I would imagine that the legality of use using the brand is related to whether or not you have a license to promote their products, and if they allow bidding on their brand in adwords. If they allow others to bid but not you, you can sort that with them. It is possible for them to apply to Google and allow you to use their brand, but I am not sure how they would go about doing this.
Where would this stand as copyright infringement. I guess I should know how the advert would appear, but it is google who facilitates this....
Someone else asked Google to stop one of my adwords campaigns and Google did. They never once informed me this had happened. The only reason I know it had is because the large comapany told us.
The strange thing is that the current Google review process seems to be neither manual nor automated so it's very difficult to know when and when not to expect communication from them.
Actually, it is both. But in either case, when an ad is disapproved, an email is sent to the address associated with the account within a matter of seconds.
BTW. you may want to make sure that emails from AdWords are not being filtered by your email program. (This can happen on the basis of the many advertising related words that are, by definition, a part of an email from AdWords.)
It's not an excuse to say you didn't know - but I don't see why they'd pull the entire campaign (unless it was entirely focused on the big company name)...
Correct, edit_g. It is not the case that entire campaigns will be shut down. Rather it is individual Ad and keywords that are reviewed. On the other hand, if every single ad in a campaign is disapproved, I guess it could appear that the campaign itself was 'stopped'.
I think the main issue for Google is that it has inconsistent trademark policies - I say inconsistent in that it is different across the pond than in Europe.
The policies differ, depending on in what countries the trademark rights are held. Please note, however, that the trademark policy is clearly defined in the AdWords FAQ. Please follow these links, noting that the complaint procedure is especially important.
What is Google's trademark policy?
[adwords.google.com...]
Trademark Complaint Procedure
[google.com...]
I was actually looking at the text on the ad, and I don't actually mention the company. I bid on their name as a keyword, and use the {KeyWord:} function as the ad title.
This is almost certainly a part of the problem, since it will put the trademarked term in the ad itself. Please take a look at the trademark complaint procedure linked to above, and compare your situation with what you see there. I suspect that this'll clear up any questions you may have.
AWA
If you have a site that offers comparisons between ebay and your own auction site. Does that allow you to use "ebay" or perhaps "ebay comparison" as keywords? Or are you relegated to "auction sites"?
Thanks.
What about review and comparison sites? Has there ever been any clear cut policy/precedence on this?
The same policy (as linked to above) applies in all cases. However, because it is the exact details of each individual case that determines the outcome, it is not possible to make a blanket statement that is always true.
There are many factors to consider, such as:
* In what countries does the trademark owner have rights?
* To what country or countries are the ads targeted?
* What, specifically, has the trademark owner requested be done (or not done)? (This will, of course, vary from one trademark owner to the next.)
It is because there are so many factors in play that trademark questions are handled on a case-by-case basis by the review team.
AWA
Thanks for the response:
when an ad is disapproved, an email is sent to the address associated with the account within a matter of seconds
I have received such emails before, but not on this occassion.
I have also previously had my account taken down for some reason, which I never ascertained (I posted a really old post about this but never got a response here or directly from my account manager). I did not get notification this time either. It does NOT appear to be disapproval of an ad, but a suspension of keywords. I am guessing you don't notify for this.
Anyway I am over it now. Just another annoyance...
