Dozier Internet Law: Google Makes Major AdWords Trademark Change

At Dozier Internet Law we seem to be constantly fighting the issue of online trademark infringement and online defamation and product disparagement. It's about to get much more interesting, to say the least. 

Google has announced a change to policy and will allow the use of other business trademarks in the content of AdWords advertisements. Here's the new policy:

"In the US, our policy permits use of the trademark in the ad text in the following circumstances:

• Ads which use the term in a descriptive or generic way, and not in reference to the trademark owner or the goods or services corresponding to the trademark term.
  
• Ads which use the trademark in a nominative manner to refer to the trademark or its owner, specifically:
• • Resale of the trademarked goods or services: The advertiser's site must sell (or clearly facilitate the sale of) the goods or services corresponding to a trademark term. The landing page of the ad must clearly demonstrate that a user is able to purchase the goods or services corresponding to a trademark from the advertiser.
    
  • Sale of components, replacement parts or compatible products corresponding to a trademark: The advertiser’s site must sell (or clearly facilitate the sale of) the components, replacement parts or compatible products relating to the goods or services of the trademark. The advertiser’s landing page must clearly demonstrate that a user is able to purchase the components, parts or compatible products corresponding to the trademark term from the advertiser.
    
  • Informational sites: The primary purpose of the advertiser’s site must be to provide non-competitive and informative details about the goods or services corresponding to the trademark term. Additionally, the advertiser may not sell or facilitate the sale of the goods or services of a competitor of the trademark owner."

Dozier Internet Law believes the last provision is bad for businesses trying to protect their reputation online. This opens the door for scofflaws of the web to now buy advertisements and use the target's trademark name to both trigger the ad and use the trademark in the ad content, and then point the ad to a "sucks" site or other defamatory content. While it does mirror in intent the existing law of free speech, fair use and trademark infringement, it will surely be used to attack and extort. That's the problem with this "informational use" approach. And Google apparently will be the gatekeeper for what it deems appropriate. At Dozier Internet Law, we recognize that while there will be many fair and appropriate uses of trademarks under these provisions, there will be gross abuses and this policy change will only add to the legal turmoil surrounding Google AdWords, online advertising, trademark infringement, online defamation and mobosphere misconduct.  

Comments

[adele pace]

I share your concern about the misuse of informational sites which can be easily used as a platform for product disparagement and defamation. It is conceivable that 'informational sites' could be used as a vehicle to promote the 'reviewers' own site by illegitimately generating traffic to their site. Commercial free speech is not always responsible free speech, although the debate seems to get hijacked by certain interest groups.

[John W Dozier Jr]

Yes, I agree that it is becoming a more common practice, and one that seems to be growing. I have a chapter on these types of sites in Google Bomb the Book, scheduled to be released Septamber 1. At Dozier Internet Law, we see this practice more than every before. Thanks for commenting.

[PPC Management Service]

To an extent I do think this may be bad for businesses who are trying to maintain a good reputation.. I'm really still on the fence when it comes to this matter though.