Trademarks in Search Tactics David Naffziger CEO, BrandVerity

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

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

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

Who Outbids the Merchant?

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

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

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

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

Advertising Arbitrage

Advertising Arbitrage (CSEs) Purchase TM, PPC Arbitrage

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

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

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

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

Affiliate & Partner Management Approach 2: Collaborate

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

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

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

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

Thanks! Search Ad Monitoring David Naffziger CEO, BrandVerity davenaff@brandverity.com www.naffziger.net/blog www.brandverity.com @brandverity @davenaff