fvcp trademarks in ad words
DESCRIPTION
For the Fox Valley Computing Professionals, this is a short presentation that was given on using trademarks in AdWord strategies.TRANSCRIPT
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I am NOT a Lawyer
...but I married a pretty one who did not help me in anyway...
so any information you gleam from this, well, you are on your own.
Seriously, I didn't even graduate college. Don't get me wrong, I love Perry Mason, I just don't know a thing about the LAW,
so if you take anything out of this, take this: Find your own counsel.
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...what this is about
Keyword advertising allows advertisers to
select, for each of their ads, keywords that will cause those ads to appear on search result
pages.
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...mechanics
Advertisers bid on a keyword by indicating the maximum price they are willing to pay each
time a user clicks on the ad.
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Got Cash?
The highest bidder does not always get
the highest ranking.
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Trademark owners complain that the sale of their trademarks as keywords is an improper
attempt to profit from the goodwill of their marks.
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These cases turn on whether such purchase is a “use in commerce” of the mark or a “fair
use” of the mark.
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J.G. Wentworth v. Settlement Funding, LLC
Court siding with advertisers, ruled that using trademark-protected words to trigger internet advertising does not violate trademark law.
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Geico vs. Google
Google’s practice of using the mark “Geico” as a search word or keyword in Google’s
advertiser program, a federal trial court ruled that using marks as keywords to launch
advertising does not indicate a trademark violation provided that the mark does not
appear in the sponsored links.
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Playboy vs. Bunny, Terri Welles
In her site which included the trademarks “Playboy” and “Playmate” in her meta tags,
the Court found that because Ms. Welles was in fact a Playmate, including Playmate of the Year, and that the use of these marks in her
meta tags was ”fair use”.
The mark was actually part of Ms. Welles identification.
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Thank You !
The Fox Valley Computing Professionals
http://meetup.com/foxvalleycp
Follow us on Twitter #FVCP
Eric Michalsen [email protected]