Ban On PPC Trademarked Terms
People have been suing Google for years over competitors bidding on their trademarked terms, but not until now has one maverick state decided to do something about it. Say hello to the 45th state in our union, the great state of Utah? Huh? Not to worry though, the Trademark Protection Act will probably be deemed unconstitutional due to the burden it places on interstate commerce.
Think about all the undue stress this would place on advertisers and suppliers? They would have to make sure all their ads bypass display on a computer in Utah, which in itself is not simple or even really possible. Being a Google AdWords Expert and knowing all the targeting options Google provides, there is still no way to really tell where your ads will be displayed in Google, not to mention their search partners and content network.
In case you are still interested, you can pay around $250 each year for what Utah is calling an electronic registration mark. This will allow you protection for your trademarked term so it is not used by competitors to trigger ads (you can read the specifics here). Take my word for it though, save the money. Even Utah’s General Counsel stated the act would probably be found unconstitutional.
The fundamental purpose of trademarks is to give consumers accurate information about goods and services. Trademarks mark the origin of the product and companies have been using this shorthand to give consumers information about comparative goods and services. Why do you think it’s okay for Pepsi to tell people that people prefer the taste of Pepsi over Coke? Or why Apple is bashing Microsoft on TV all the time? This is about marketers offering comparative advertising based on trademarks that are clearly meant to inform and empower consumers. If you ask me, I feel bad for Utah taxpayers who have to foot the bill for this ridiculousness. Isn’t there anything else going on out there in the Utah Legislature?
[tags]ppc, ppc trademark terms, utah trademark protection[/tags]
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Good stuff, Goeff: wonderful legal way to rank organically for your competitors proper name is to post an article comparing them to you!
Hello right back at you.
Alternate perspective here:
http://senatesite.com/blog/2007/04/identity-theft-next-generation.html