Video | Agriculture | Confidence | Economy | Energy | Employment | Finance | Media | Property | RBNZ | Science | SOEs | Tax | Technology | Telecoms | Tourism | Transport | Search

 


Companies warned of competitors using their name for Adword

PRESS RELEASE
Zone IP (The Zone Corporation)
26 February 2013

Companies warned to watch for competitors using their names in Google Adword campaigns

A New Zealand trade mark law firm is warning businesses to beware after an increase in complaints from companies whose competitor's are using their name or brand names in Google's AdWords campaigns.

Intellectual property expert and lawyer, Theodore Doucas of Zone Law, an intellectual property law firm and Zone IP, an intellectual property consultancy in Wellington, said that while the Internet is now the de facto trading hub of our time, it is still the wild west when it comes to protecting company rights.

It is not uncommon for a company to search its name or website online only to find that a competitor’s advertisement appears above it in the search engine rankings, blatantly displaying the company’s name.

“A common question we get nowadays is ‘can advertisers use their competitor's name or product brands as keywords (in online Adword campaigns) to advertise their own product or service?

“There has been mixed results coming out of courts around the world when it comes to protecting your name or brand from competitors who use it in their Adword campaigns – which is not good for the plaintiffs in these cases.

“However, it is Google’s policy to enforce a company’s right to its trade mark provided that the trade mark is registered and you can provide a registration certificate.”

Google itself states that: “If a trademark owner files a complaint with Google about the use of their trademark in AdWords ads, Google will investigate and may enforce certain restrictions on the use of that trademark in AdWords ads and as keywords.

“There are multiple factors that determine when trademarks can be used in AdWords ads and as keywords. Along with the factors described below, these policies apply only to trademarked terms where the owner submitted a valid complaint to Google and requested that the terms be restricted in Google ad campaigns.” – Google Adwords Trademark Policy.

Doucas said that if your name or brand is not protected with a trade mark registration and Google won’t act, there is always litigation in the areas of the Fair Trading Act and under Common Law, but it’s a murky, difficult and expensive exercise.

“My advice is to register your trade mark – it really isn’t expensive – and save yourself the hassle and expense of later having to defend yourself if a competitor raids your brands.”

There are three steps a company should take to protect its brand and name from competitors using them in their own Adword campaigns:

1. Register your trade mark. A registration certificate is prima facie evidence of the validity of your registered mark.

2. If a competitor uses your trade mark in Google’s Adwords, contact Google with your trade mark registration.

“In our experience, Google always acts on trademark issues provided you can prove ownership.”

3. Monitor your trade mark by opening a Google Alert for any references to your name or brand. The service from Google is free, easy and quick.

If you continue to have issues with your competitor, contact your trade mark lawyer.
Ends/…

About Zone IP

ZONE IP is an intellectual property consultancy providing authoritative advice in trademarks, copyright and branding. ZONE IP is headed by a trade marks lawyer and a former Assistant Commissioner of Patents, Trade Marks and Designs of the Intellectual Property Office of New Zealand (IPONZ).

ENDS

© Scoop Media

 
 
 
 
 
Business Headlines | Sci-Tech Headlines

 

Scoop Business: NZ Dollar Catches Breath After "Goldilocks" Slump

The New Zealand dollar edged up following its dramatic slump yesterday after the Reserve Bank confirmed speculation it intervened in the currency market last month and PM John Key suggested a “Goldilocks” level far lower than at present. More>>

ALSO:

Biosecurity: Kiwifruit Claim To Hold Officials Accountable For Psa

Kiwifruit growers have joined forces to hold Biosecurity NZ accountable in the courts for its negligence in allowing 2010’s Psa outbreak that devastated New Zealand’s kiwifruit industry and exports. Foundation claimants representing well ... More>>

ALSO:

Poison: Anglers Advised Not To Eat Trout In 1080 Areas

With the fishing season opening in just a few days (1 October 2014), anglers are being warned by the Department of Conservation(DOC) not to eat trout from pristine backcountry waters and their downstream catchments, where the department is conducting 1080 poisoning operations. More>>.

ALSO:

Quotas: MPI Swoop On Suspected Fraudulent Fishing Activity

Ministry for Primary Industries (MPI) compliance officers swooped on a Hawkes Bay fishing enterprise today to secure evidence in an investigation into suspected fraudulent activity... “The investigation involves activity throughout the commercial supply chain – catching, landing, processing and exporting.” More>>

ALSO:

Scoop Business: Fonterra Slashes 2015 Milk Payout, Earnings Tumble 76%

Fonterra Cooperative Group cut its forecast 2015 milk price payout by about 12 percent, citing weaker global dairy prices and said there is a risk of further declines given strong global milk production. More>>

ALSO:

Scoop Business: RBNZ Keeps OCR At 3.5%, Signals Slower Pace Of Future Hikes

Reserve Bank governor Graeme Wheeler kept the official cash rate at 3.5 percent and signalled he won’t be as aggressive with future rate hikes as previously thought as inflation remains tamer than expected. The kiwi dollar fell to a seven-month low. More>>

ALSO:

Weather: Dry Spells Take Hold In South Island

Many areas in the South Island are tracking towards record dry spells as relatively warm, dry weather that began in mid-August continues... for some South Island places, the current period of fine weather is quite rare. More>>

ALSO:

Get More From Scoop

 
 
Computer Power Plus

Standards New Zealand

Standards New Zealand

Mosh Social Media
 
 
 
 
 
 
 
 
Business
Search Scoop  
 
 
Powered by Vodafone
NZ independent news