Whose trademark is it?
Friday, May 29th, 2009For many of us, Google is a life line to the worlds information…..anytime we have a question, we “Google it”…….type in a few words and voila….there you are….pages and pages of information related to your search. There is, however, a controversy brewing regarding companies taking advantage of Google’s search engine and adwords by purchasing “pay per click” ads that use a competitors name in their ads.
For example, if company A and B are competitors, A can buy an ad using B’s name. When someone searches on B, Google will show links for both companies. To make it worse, the paid ad will at times appear above the “natural search” link…..making the competitors ad come up FIRST. Now companies have to pay to be the first link for their own name.
Think about it….this does not happen in any other marketing or media. If I buy commercial time on Fox Baltimore, my competitor’s ad does not run before or during my ad. If I buy an ad in the Daily Record, my competitor cannot make sure that his ad runs at the same time.
Pay per click ads are displayed on Google’s search pages and are a major source of revenue for Google. Each ad is presented as several words and a link on the top and on the right side of all the natural search terms. When you click on the link, Google is paid a small sum that is usually from pennies to a couple of dollars. Most of Google’s revenue comes from pay per click ads as they are paid every time someone clicks and they serve millions of ads on a daily basis.
So why is this a problem?
The problem is on many levels….first of all, it allows a competitor to “profit” from their competitors marketing and branding. Every time someone searches for your company and/or product names, your competitor’s ads will be displayed at the same time and potentially take business from you. Some reports indicate that this could cause confusion in the marketplace since more than one companies information is presented when a customer/prospect searches on a company name. Lastly, this forces you to “pay” for your own name…..since you are now bidding against your competitor for your name to come up first in the search ads that are displayed.
So what should you do?
If you have a business website, then you should go to Google as well as all the other search engines. Search on your company name and see what results you get. Pay particular attention to the paid search ads that come up. You should perform this search at least once a month. If you find that your competitor is coming up every time you search, then you should consider contacting your attorney to see what your options are.





