Using Competitors Name as an Adword

How does G view this?

[BeeDeeDubbleU]

I just searched for the unique name of an online store that I use. The first result in the sponsored results was a rival company who had obviously purchased their business name as an Adword.

I don't use Adwords myself but I must admit that I was surprised to see this. How does Google view this?

[luke175]

As of now, one can bid on another company's name. (someone correct me if I'm wrong here)

However, if you file a trademark complaint with Google then Google will (try to) stop people from using your trademark in their ad text.

This is something that is really left to the two parties involved and not Google barring any sort of applicable court decision or new law.

[arieng]

I've been really struggling with this myself. One of our top competitors was denied a trademark on their name because it is too generic to the industry. We used to have a paid listing on their company name, which is also a great generic keyword. They sent us a cease-and-desist and we took down our listing even though I think we could have gotten away with it.

I've strongly considered putting it back up, but I don't want to risk a lawsuit. I'll hold off until there is some more case law to back us up.

[luke175]

I've been really struggling with this myself. One of our top competitors was denied a trademark on their name because it is too generic to the industry. We used to have a paid listing on their company name, which is also a great generic keyword. They sent us a cease-and-desist and we took down our listing even though I think we could have gotten away with it.

I've strongly considered putting it back up, but I don't want to risk a lawsuit. I'll hold off until there is some more case law to back us up.

If it was very profitable, then I would consult an attorney about the matter.

If they were denied a trademark then they know that and filing against your even sending a C&D could be viewed as frivilous or malicious since they are aware that they do not meet the legal trademark requirements.

Of course, I'm not a lawyer but it sounds like you should ask one.

[arieng]

A lawyer was consulted in the decision, and their response was there is not sufficient case law to ensure that they don't have a suit. Chances are good that it would go in our favor, but there is still some risk.

What makes it even more complicated is that we actually won a settlement against them years ago for violating our trademark in a similar manner. We're probably leaving some money out there, but better safe than sorry for now.

[Channel01]

I've been really struggling with this myself. One of our top competitors was denied a trademark on their name because it is too generic to the industry. We used to have a paid listing on their company name, which is also a great generic keyword. They sent us a cease-and-desist and we took down our listing even though I think we could have gotten away with it.

I've strongly considered putting it back up, but I don't want to risk a lawsuit. I'll hold off until there is some more case law to back us up.

A cease and desist letter to prevent someone from bidding on brand keywords is a classic scare tactic. The chances are extremely strong that they're bluffing and even if they're not, you would win the suit.

The only real issue that should deter you from bidding on the competitor terms is if you have any moral/ethical issues against it.

[phranque]

sometimes ads will be served on those searches without actually bidding on the competitor brand name because of relevance to another keyword in the campaign.

[koncept]

I recieved a complaint from a competitor about using their trademark as a keyword. The keyword is very profitable for me.

I cited a case to them where geico tried suing google over this exact issue (competitors using their brand as a keyword). A case Geico lost.) I told them that if they had an issue with google allowing advertisers to use their brand as keywords that they should take it up with google as I was not violating their TOS in any way. I never heard from them again so I figure they were contacting me hoping I would stop out of fear, but since I refused they have left it alone.

[Michael_OPM]

i thought the rule was you can bid on the keyword (regardless of if it's trademarked, in the US) however, you cannot use it in the ad copy. If you get caught using it in the adcopy and the owner of the TM complains to google, then they'll block it from being used in the future - but just owning the TM isn't enough, you have to complain to Google.

I accidently used Keword Insertion on an adgroup that had a competitor brand name in it and so my ad was showing with that (clearly confusing to the searcher) - they sent a C&D letter and we immediately took it down. We didn't mean to do that. I know other companies use Keyword insertion to try to circumvent using TMs in adcopy since you are allowed to bid on the keyword but not allowed to put it in your ad, but this is just asking for trouble, IMO.

[AJay26]

Will go with Michael. You can use it as a keyword, but isn't using in ad copy not only (possibly banned by google), but also unethical.

Think it this way, if you were the size of your competition, and someone else wanted to make more sales using your brand, for how long would you allow them to do it?