1. Trademarks in Search Tactics
David Naffziger
CEO, BrandVerity

2. Evolution of Google’s TM Policy
2000:
AdWords Launches
TMs cannot be purchased
2004:
Purchase TMs in US/CA
Apr 2008:
Purchase TMs in UK/IE
May 2009:
Purchase TMs in 190 countries (Europe mostly excluded)
5/2009: US: Non-competitive use of TMs in ad copy
Sep 2009:
EU court opinion

3. Who’s Bidding on your TMs?
Partners:
Shopping Comparison Engines
Affiliates
Channel Partners
Etc.
Competitors
Other:
Job sites
Stock newsletters
Search Engines
Ad Arbitragers
Can use TM in Ad Copy on Google
Can use TM in Ad Copy on Google

4. Who is Bidding on your TM?
Branded Keywords for a consumer electronics retailer
* Largely Comparison Shopping Engines (CSEs)

5. Who Outbids the Merchant?

6. Offensive Tactics Affiliates
Direct linking
Geo-targeting & dayparting
Product feed distribution (CSEs and their partners)
Bypass TM filters
Alternative monetization
Ad (ad-feeds in particular) arbitrage
Toolbar installs
Mobile recurring billing
Bait & switch

7. Affiliate Techniques How they hide from you: Reverse geo-targeting
Day-parting
Copy your ad text

8. CSE Techniques Purchase TM, direct to CSE site
CSE Affiliates purchase to Affiliate site
subsequent clicks recorded from CSE

9. Dodging Filters How they dodge search engine filters:
TM in Display URL
Variations on TM (typos, spaces, etc.)
International Characters

10. Advertising Arbitrage

11. Advertising Arbitrage (CSEs)
Purchase TM, PPC Arbitrage

12. Mobile Recurring Billing
$9.99 Mthly Recurring Mobile Bill
Instant redirect to a publicly available coupon site

13. Toolbar Monetization Only on Ask.com
Encourages downloads of Ask.com toolbars

14. Defensive Tactics Understand how the advertiser makes money!
Leverage your Relationships
Affiliates & CSEs: Enforce your terms
Consider collaboration
Cease & Desist
Friendly request
Legal request
Work with the Engines
Register your TMs
Report violations of TM policy
Report violations of Editorial policy
Know the policies for domain ads

15. Affiliate & Partner Management
Approach 1: Maintain Clean Results
Proactive, aggressive policing
Consistent enforcement

16. Affiliate & Partner Management
Approach 2: Collaborate

17. Cease & Desist Requests
Try friendly outreach first?
Some industries collaborate on no-bid policies
A few different approaches to legal action
Go after the ads
Some organizations respond to C&D
Go after monetization system
Good chance the advertiser is violating some policy
Go after landing page content
Improper use of logo
Misleading text

18. Work with the Engines
Maximize TM protection - Register your Trademarks with the Engines
Include domain names
Include typos
You do not need a registered mark to do so
Report TM violations
Understand the policies
Monitor regularly

19. Know your editorial policies
Google’s Policy:
“If your service is a subscription, you must also include the following in your ad text:
The price of the service
The billing interval (such as per week or once per month)”
Resolution
Yahoo Editorial Policy Violation?
Follow trademark procedures
Graphic TradeMark abuse?
Cease & Desist on Logo Usage
Maybe C&D on Search Ad

20. TM Management is Your Responsibility
Proactively develop policies
Involve your internal stake holders (legal, PPC, Affiliate, etc.)
Reach out to partners, competitors, etc.
Determine the approach that works for you
Work with the engines
Monitor for changes

21. Thanks! Search Ad Monitoring David Naffziger CEO, BrandVerity
@brandverity
@davenaff