Should Google Have Anything To Do With Ad Trademark Questions
from the nope dept
Google keeps running into lawsuits concerning companies who buy advertisements based on the names or trademarks of their competitors. We’ve already explained why should be perfectly legal under trademark law (which doesn’t prevent all use of a trademarked term – just any use that is seen to be confusing people into believing one company is another company). However, this NewMediaZero piece points out that, even if it is a trademark violation, it makes no sense to go after Google, who is simply the publisher. If they must go after someone, the complaining companies should go after those who they are accusing of misusing their trademarks: the competitors buying the ads. Of course, what this article leaves out is that the complaining companies are upset that Google appears to be profiting off of their trademark by selling the ads. I wonder what would happen if Google set up a “compromise” position where a portion of the money that an advertiser paid for advertising on a trademarked keyword went to the trademark owner?