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Topic: Trademark law
This day in search marketing history: March 15
Spurious SEO trademark claim fails, plus: core updates named, EU wants Google's ranking factors, BBC link penalty and more.
The brand name conundrum: to buy or not to buy (your brand name)?
This is a question as old as the business: is there any point in buying one's own brand in Google Ads? Or should I leave that to SEO?
FTC sues 1-800 Contacts over reciprocal, ‘anti-competitive’ PPC bidding agreements
Bidding agreements prevented 1-800 Contacts and its rivals from bidding on each other's trademarked terms.
Trademark Court’s Impossible Order: Uber Told To Change Google Search Results
Judge tries to strike a balance but fails to understand the inherent problem at the heart of order -- controlling search outcomes.
SearchCap: The Day In Search, May 22, 2013
Below is what happened in search today, as reported on Search Engine Land and from other places across the Web. From Search Engine Land: DoubleClick Search Tools To Migrate To Enhanced Campaigns Now Out Of Beta The custom toolset Google designed to help DoubleClick search users migrate to enhanced campaigns has come out of beta. […]
Google And Rosetta Stone Agree To Settle Suit Over Trademarked Keywords
One of Google’s most well-funded and tenacious opponents in the legal arena, Rosetta Stone, has agreed to settle its trademark suit against the search giant. The language learning software company had contended that the use of its trademarks as “keyword triggers” infringed trademark law and confused consumers. Terms of the settlement agreement weren’t disclosed. The three-year-old case was […]
In Wake Of Penguin, Could You Be Sued For Linking To Others?
Many webmasters have been desperately trying to fix poor SEO work done to a site thanks to the recent Penguin update targeting webspam and the bad link warnings sent from Google. The only current way to discredit a link is to have it removed as reverse nofollow functionality for webmasters simply doesn’t exist. One recent example of a link removal request was particularly […]
SearchCap: The Day In Search, April 10, 2012
Below is what happened in search today, as reported on Search Engine Land and from other places across the web. From Search Engine Land: Yelpy Insights: Yelp Adds Two New Search Filters, Looks To Add More Is there a battle brewing in the area of searchable local content and reviews? Foursquare has been making some […]
In Antitrust “Complaint Du Jour” French Daily Deals Company Files Claim Against Google
In what is becoming a steady parade of antitrust claims against Google in Europe, another complaint has been filed by a French company. This latest (10th) antitrust complaint was filed with the European Commission by a French daily deals site called “Deal du Jour.” The company claims “Google illegally removed its site from its web […]
European Advocate General Finds Against Trademark Bidding in Interflora Case
The European Advocate General is recommending that the Court of Justice of the European Union rule against retailer Marks & Spencer for bidding on the trademarked terms of Interflora, the flower delivery network company. If the Court of Justice acts on the findings, it could effectively spell the end of bidding on competitors’ trademarks in […]
EU Upholds Ruling That Trademarks In Search Ads Do Not Infringe
EU Court Rules on Ad Keywords from the Wall Street Journal reports the the highest court in Europe upheld and confirmed a decision by a previous court that bidding on trademarked keywords in search engines does not infringe on European trademark law. This specific case was between Portakabin, a cabin maker and a competitor, Primakabin. […]
Google Wins Legal Victories In Europe, US On Copyright & Trademark Issues
Google has won what appears to be a major legal victory in German (and so probably the rest of Europe) on the question of whether image search and showing thumbnails violates copyright law. The Google European Public Policy Blog succinctly describes the facts and holding: We are heartened by the German Supreme Court´s ruling today […]
Twitter May Release Some Deleted Usernames Within Weeks
What’s happening with all those inactive and deleted usernames that Twitter has? Some of them will continue to be held back for a few more weeks; some likely for much longer, Twitter cofounder Ev Williams said yesterday. I caught Williams between sessions at the Chirp conference yesterday and put to him a question that Les […]
Google Wins Legal Battle Over AdWords Trademark Issue In Europe
European luxury goods maker LVMH (Luis Vuitton) sued Google in France over its AdWords policy allowing third parties, including LVMH competitors, to bid on its trademarked terms as keywords. The case originally arose when marketers bid on “Louis Vuitton” and turned out to be selling counterfeit Louis Vuitton items. The company won in France’s highest […]
Meet The 25-Year-Old Who Saved “SEO” From Being Trademarked
After two years and nearly $20,000 of her own money, Rhea Drysdale forced the USPTO to reject an attempt to trademark the term.
2002 In Review: Google Powers AOL; AdWords Go Cost-Per-Click
This article is part of a series, a review of the 2000 decade and search developments. Below, major events from the year 2002 in consumer search. For the complete series, see the introduction, The Google Decade: Search In Review, 2000 To 2009. Google Powers AOL Search The deal for Google to provide search results for […]
Trademark Owners: Get Your New International Domain Names Now!
Soon it will be possible to register domain names using local language character sets creating vast new opportunities for marketers - and domain name sellers. Time to act to protect your own domain names and trademarks in the new languages.
Google To Allow Trademarks To Be Used In AdWords Copy In US
Google, which recently liberalized the use of trademark terms as a trigger for showing ads, has again opened up its ad policies to allow trademark terms to be used within ad copy, in certain circumstances, within the United States. Currently, registered trademark holders can request that Google prevent their trademarks from being used in ad […]
Google Sued For Infringing On All Texas Trademark Owners
Eric Goldman reports that Google was sued yesterday by FBX for infringing on the trademarks of all of the Texas trademark owners. Yes, this is a massive class action suit, not just against Google but also against YouTube, AOL, Tuner, MySpace and IAC. We have had many suits filed against Google over trademark infringement in […]
Google AdWords Opens Up Trademarked Bidding To Most Countries
BrandVerity tipped me off to news that Google has modified its AdWords trademark policy to allow bidding on trademarked terms in 190 new countries. The policy is in line with the same trademark policy that we have in the United States, Canada, United Kingdom and Ireland. I asked Google for a comment on this change, […]
SearchCap: The Day In Search, April 6, 2009
Below is what happened in search today, as reported on Search Engine Land and from other places across the web.
Court: Trademarked Keywords Can’t Be Used By Third Parties In AdWords
Last week the Second Circuit Court of Appeals issued a ruling in the Rescuecom v. Google case that has some potentially serious implications for all concerned. The appellate court has jurisdiction over cases arising in Connecticut, New York, and Vermont but the case has national impact because of the way that AdWords is operated and […]
SearchCap: The Day In Search, February 3, 2009
Below is what happened in search today, as reported on Search Engine Land and from other places across the web.
Google Wins “Gu Ge” Lawsuit In China
Google Wins Lawsuit on Name, Trademark of Subsidiary in China from Bloomberg reports that Google has won the lawsuit over Google’s trademark on its Chinese subsidiary “Gu Ge.” The Beijing Haidian District Court ruled that Beijing Guge Science and Technology has to pay Google China 100,000 yuan ($14,624). In addition, Beijing Guge is required to […]
Changes To Google UK Trademark Policy May Result In Lawsuits
In the US marketers may use competitors’ trademarks as keywords, so long as they don’t appear in the ad text itself. Previously Google used a more restrictive policy in the UK, not allowing use of competitors’ trademarks at all. Last month the company changed its UK rules to conform to the more liberal US policy. […]
Search Biz: Google Ups And Downs, Yahoo’s Jekyll And Hyde Sides, The Revolving (Personnel) Door, & More
Writing the Search Biz column is challenging because of the diverse group of stories that get collected every day. Today there’s an unusually large number; however, there are basically three broad themes: Google and the company’s legal challenges, Yahoo’s Jekyll and Hyde positions on China and human rights, and the revolving personnel door at both […]
Search Biz: Alibaba Gains, Google Loses, & Eric Schmidt Says Don’t Call Me Daddy Anymore
China’s Alibaba.com, in which Yahoo is a significant minority shareholder, enjoyed a massive 340 percent gain in net profit tied to China’s fast-growing economy. As Google argued earlier, it appears that those doing business in Asia and China in particular are somewhat insulated from the United States’ economic woes.
Utah Neuters Search Ad Trademark Keyword Law
The Google Public Policy Blog informed us that Utah has changed the law that restricted search engines from triggering ads based on trademarked terms. This reversal now puts Utah in sync with the precedent set forth by the federal trademark law. In short, you can now legally bid on trademarked terms in Utah, assuming you […]
Hungry For Yahoo? Feed Yourself From Ya-Hoo! Baking Co.
Did you know you could get some tasty food from Yahoo? Well, not Yahoo the search company, but Ya-Hoo! the baking company at YahooBakingCo.com. Notice, part of the Ya-Hoo! name is the exclamation point at the end. The main difference between Yahoo! and Ya-Hoo! is the hyphen separating “Ya” and “Hoo.” In the footer of […]
Chinese Court Dismisses Guge Vs. Google Case
Lawsuit Over Google’s Chinese Name Dismissed from Pacific Epoch reports a Chinese court has dismissed the Guge and Google case, which began earlier this month. The Haidian People’s Court in Beijing dismissed the case today. It was dismissed because Google used “Gu Ge” on April 12, 2006, which was seven days before Beijing Gu Ge […]
Google Ordered To Pay $14,000 In Germany Over Gmail Trademark
Google fined in German Gmail trademark case from News.com reports Google was ordered by a German court to pay $14,000 over using m.gmail.com for their mobile Gmail users. As we know, Google lost the Gmail trademark case in Germany and was ordered to stop using Gmail.com. It appears that Google violated that with m.gmail.com and […]
SearchCap: The Day In Search, September 3, 2007
Below is what happened in search today, as reported on Search Engine Land and from other places across the web.
Paid Search Ads & Trademarks: A Review Of Court Cases, Legal Disputes & Policies
Over the years, we’ve seen a number of lawsuits filed against search engines or between companies regarding ads that are linked to trademark terms. Below, a rundown on some of the more notable cases. Before the recap, a little background. To those not familiar with trademark law, the cases can seem like guaranteed victories for […]
Germany Rules Against Google On Gmail Trademark, Gmail In Germany To Shut Down?
Google loses Gmail trademark case in Germany from News.com reports that Google has lost the Gmail trademark case in a German appellate court. Google will not be allowed to use Gmail in Germany, like they can’t in the United Kingdom and Switzerland. Google Threatens to Close German Gmail Due to Local Law from Google Blogoscoped […]
Will Utah’s New Trademark Bill Stop Competitive Keyword Buys?
Wow. Via Techdirt, news from the EFF that the Utah legislature has passed a Trademark Protection Act law preventing people from buying ads linked to terms that are also trademarks of others. The Trademark Blog notes the law probably violates the US Constitution. Certainly it will be hard to enforce. In addition, we’ve got US […]
National Pork Board Goes After Breastfeeding Search Marketer
Last year, well-known search marketer Jennifer Laycock set up the Lactivist project, where she explained step-by-step how to market a new web site on a budget. Part of the project were the funny shirts she sold to promote breastfeeding, including one called "The Other White Milk." Turns out the National Pork Board thinks that violates […]
SearchCap: The Day In Search, Jan. 31, 2007
Below is what happened in search today, as reported on Search Engine Land and from other places across the web:
Google Can’t Use “Gmail” Name In Europe
Google loses European GMail trademark battle by The Register reports that Google is not allowed to use the trademarked term “GMail” in Europe. The Office for Harmonisation in the Internal Market (OHIM) held that Daniel Giersch’s trademark of the term was valid and that Google could not use it.
Should Google Pay Off Brand Owners With Cut Of Keyword Sales?
I saw Should Google Give Brand Owners A Cut? from InsideGoogle earlier, about the idea of Google paying brand owners a share of revenues of those advertising on their names. Then a reader just emailed me asking what I think about the idea. OK, I’ll bite. In short — probably not. More on that below, […]