Protecting Yourself Against Google’s Trademark Policy

As mentioned in a previous post Google has changed their trademark policy on their paid search ads. This is going to greatly impact the control you have over your brands on paid search. With that being said there are a few recommendations and cautions to watch out for so that you can protect your biggest asset….your brand!

When it comes to trademarks, there are four types of uses that brand owners need to watch out for on paid search:

1. Keyword sponsors. This is when an unauthorized advertiser sponsors your brand as a keyword so that the advertiser’s ads appear when a user conducts a search for your name or products.
2. Ad copy use. This is when an unauthorized advertiser uses your brand within ad copy text.
3. Display URL use. This is when an unauthorized advertiser uses your brand as part of its display URL.Examples: Sub-domain e.g. brand.dealscompany.com Double sub-domain e.g. yoururl.com.dealscompany.com A top level domain that includes your brand e.g. branddealscompany.com or brand-dealscompany.com An indexed page e.g. dealscompany.com/yourbrand
4. Display URL hijack: This is when an unauthorized advertiser uses your brand as the display URL, and either sends traffic to you as in the case of an affiliate or diverts traffic somewhere else as in the case of a brand hijacker.

So what should you do?

First, you need to make sure that your ads and your brand are present when a user is searching so that posers do not siphon your clicks.

Second, you need to report any display URL abuse to Google.  While Google does not police the display URL, if you find brand hijacking causing traffic to be diverted to a site that isn’t yours, Google will take action as this practice violates their editorial guidelines.

Third, be wary of sending out cease and desist letters.  These rarely result in a behavioral change. If you plan to litigate, gather your evidence and make sure you have a lawyer.

Fourth, to stop comparison shopping engines or other media outlets from using your brand to generate clicks, negotiate deal terms with each one when you purchase your ads from them that restrict their use.