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Trademarks as Google Adwords: ECJ rules for Google, but Trademark Owners Still Have Rights
© Cheryl Hodgson 2010 | Posted on March 29, 2010
A recent ruling from the Court of Justice of the European Union (ECJ) underscores the reason for business owners to have a cost efficient monitoring program in place. Competitors are purchasing trademarks as Google AdWords. Google AdWords: Friend or Foe of Trademark Owners. While Google continues to escape liability, competitors purchasing your marks may be told to stop.
As a result of these types of violations, the costs and complexity of policing one’s mark is increasing. I have been developing the Hodgson Law annual subscription trademark monitoring program. For a modest yearly fee, our team and chosen technology partners will review monitoring reports which you choose and receive. Each subscription includes up to six infringement letters per year and a flat rate for additional cease and desist letters. Subscribers also receive a complimentary copy of our Guide to Building and Protecting Your Brand Online, and free enrollment in upcoming telecasts to guide you through the process. We will be sending you details on how to sign up in the near future.
The ECJ found that Google is not infringing trademarks when it sells trademark terms as keywords. . This is consistent with Google’s longstanding U.S. policy on the subject. Though Google has been sued many times, nearly every U.S. case has settled, largely because Google outspends its opponents. Competitors’ purchase of trademarks as ad words is still objectionable by trademark owners. Despite the ruling, Google may be called upon to formulate a policy to investigate and respond to complaints from trademark owners.
Technorati Tags: Advertising, brand protection, police your mark, trademark infringement
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