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Terms of Service Unclear on Trademarks

Can I use my competitor's trademark?

         

Steve6

8:04 pm on Apr 28, 2005 (gmt 0)

10+ Year Member



The TOS is not clear on this, and I want to know if this is proper:

The competition makes a product called the ThighReducer. We have a competing product called the GruntMaster 6000. A national consumer magazine has compared various products of this type and has come to the conclusion that of the half-dozen in the marketplace, the GruntMaster 6000 is the best.

I have a page on my site www.company.com/WereBetter.htm that tells why our product is better than the others and has a link to the article in question on the consumer magizine's site.

So I make an Adword that says:

GruntMaster Beats Others
Leading magazine: "GruntMaster
6000 better than ThighReducer"
It links to the page mentioned above.

And have this trigger on keywords including ThighReducer, "Thigh Reducer", the name of the company that manufactures the ThighReducer, and others.

Is this proper? I know from a legal perspective that this is ok, because we made a truthful statement about the competition. But is Google ok with it? The guidelines are not clear at all.

Spudstr

8:31 pm on Apr 28, 2005 (gmt 0)

10+ Year Member



try requesting an exception? never know till you try it! and even if they decline try try again....

however i know you can still bidon trademark terms with out any problems...

if its legal or alright to show other trademarks in TV commecials why can't you use trademarks on the web while comparing them just like they do in TV?

AdWordsAdvisor

3:15 am on Apr 29, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



...Is this proper? I know from a legal perspective that this is ok, because we made a truthful statement about the competition. But is Google ok with it? The guidelines are not clear at all.


Welcome to WebmasterWorld, Steve6!

When it comes to questions relating to trademarks, the answer is highly dependent on the exact circumstances, including these factors:

* What trademark do you want to use?
* What, if anything, has the trademark owner specifically allowed, or disallowed?
* What exceptions are made, and for whom - again per the trademark owner?
* In what countries are the trademark rights held?
* To what countries are the ads targeted?

So your answer will depend on these factors, and you'll either need to fully describe what you want to do in advance and ask AdWords support to take a look, or, create the Ad Group you have in mind and submit it for review.

Hope that helps.

AWA

Steve6

4:42 pm on Apr 29, 2005 (gmt 0)

10+ Year Member



or, create the Ad Group you have in mind and submit it for review.

"It's easier to ask for forgiveness than it is to ask for permission."

So, I guess this means just create the Ad Group and see what happens. Unless "submit it for review" means something complicated that I haven't seen yet.

walkman

4:50 pm on Apr 29, 2005 (gmt 0)



comparision is not trademark infrigment at all if this all you're doing. Coke can say "Our drink has 20 calories less than Pepsi" and vice-versa.

[edited by: walkman at 5:39 pm (utc) on April 29, 2005]

AdWordsAdvisor

5:38 pm on Apr 29, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



So, I guess this means just create the Ad Group and see what happens. Unless "submit it for review" means something complicated that I haven't seen yet.

Sorry if I confused the issue, when saying 'submit for review'.

Yes, I was basically suggesting that you create the ad, and then, like every other new (or edited) ad, it'll go through a review process.

The reviewer will check on all the factors mentioned earlier, and either approve or disapprove it.

AWA

Steve6

6:00 pm on Apr 29, 2005 (gmt 0)

10+ Year Member



The reviewer will check on all the factors

So this means that every single ad is reviewed by a human?

Spudstr

6:41 pm on Apr 29, 2005 (gmt 0)

10+ Year Member



So this means that every single ad is reviewed by a human?

pretty sure they all are at one point or another.