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Mary Ann Johnson

Google Trademark policy changes and its impact on PPC campaigns

Recently Google released their new trademark policy for the United States. This latest change has the potential to have a greater impact on PPC campaigns, which is why PPC account managers are taking notice.
This new Google trademark policy allows using the trademarked terms in ad creative by resellers, affiliates, aggregators, unaffiliated informational sites, sellers components, replacement & compatible parts in US market. So there will be no more whitelists or blacklists maintained by Google’s systems – use of your trademark, as long as it seems legitimate, will be allowed freely.
Google is already facing two class-action trademark lawsuits, and as Eric Goldman on his Technology & Marketing Law Blog says, this move could open them up to more.
So how much impact will it show if global advertisers respond to this significant change in Google trademark policy? What actions should you take immediately to mitigate the risk of having your trademark used incorrectly by your reseller network, affiliates and potentially competitors?
Action items:-
1) The key action you can take now is to refresh your guidelines for trademark use with your reseller network and affiliates. You cannot depend on Google to use it anymore – but you can still clarify exactly how these partners may use your trademark based on your contractual agreements with them. Setting standards such as ad content, format and even bidding rules will reduce problems in future.
2) If your trademark is being used by advertisers posing as legitimate resellers, you can still file a Digital Millennium Copyright Act (DMCA) complaint with Google. A successful DMCA complaint will not only remove paid ads of these advertisers, it will also remove their natural search listings entirely. You can find more information in this link: www.google.com/dmca.html.

http://blogs.position2.com/google-trademark-policy-changes-and-its-...

Tags: campaigns, complaint, dmca, google, policy, ppc, trademark

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Raji Comment by Raji on November 13, 2009 at 12:08pm
I always wondered how this worked b/c I do see some trademarked advertising that I know is not from the company. Hmmm. I assume they will only try to knock out those ads where are deceiving and completely unprofessional.
Robin Comment by Robin on November 13, 2009 at 9:42am
Thanks Mary! This is some good information as I know many PPC advertisers get better traffic when using the company terms that people know or would search for. Google is brave taking this on. I guess you roll the dice if you use it and you just don't know if the org. will take action or not. Where do you even find this info?

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I agree, great post! I can definitely hit 2 or more of those myself and many of my clients do as well. Again, it all boils down to strategy.
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OMG!!!! LOVE THIS!!! I am a doper, LOL. The analogy is hilarious but you have made some wonderful points here (as you usually do).
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