Google Adwords relaxes their trademark use in the UK
From the 5th May 2008, Google will be allowing people to bid on your trademark and you will be able to bid on other trademarked keywords in the UK and Ireland. At first sight, this may seem wrong, so I thought it would explain this logic with a non-legal head and show you the questions you should be asking yourself about your own campaign strategies.
First, let's explain what you can and cannot do. If you are Coca-Cola, you can - from the 5th May - bid using the keyword "Pepsi". However, the advert displayed must still not misrepresent Coca-Cola or "pass off" as Pepsi.
Further, if Pepsi has filled in the relevant documentation with Google, the trademarked word "Pepsi" would not be allowed in the ad-text of Coca-Cola's advert. If Pepsi has not gone through the relevant process with Google, then Google will not prevent a trademarked word from showing. So here are some examples of possible adverts that may or may not be allowed if Coca-Cola were to bid on the key phrase "Pepsi":
Acceptable:
Coca-Cola is a refreshing alternative <http://www.example.com/> Coke now has an auction site where you can win great prizes. You need a can of coke with a special prize offer on.
www.example.com - 5k - Cached <http://www.google.com/search?q=cache:www.example.com> - Similar pages <http://www.google.com/search?q=related:www.example.com>
Only acceptable if Pepsi have not protected their trademark with Google:
Coca-Cola is a refreshing alternative to Pepsi <http://www.example.com/> Coke now has an auction site where you can win great prizes. You need a can of coke with a special prize offer on.
www.example.com - 5k - Cached <http://www.google.com/search?q=cache:www.example.com> - Similar pages <http://www.google.com/search?q=related:www.example.com>
Probably something that might be possible on Google, but would be illegal under passing off laws:
Coca-Cola is just like Pepsi <http://www.example.com/> Coke now has an auction site where you can win great prizes. You need a can of coke with a special prize offer on.
www.example.com - 5k - Cached <http://www.google.com/search?q=cache:www.example.com> - Similar pages <http://www.google.com/search?q=related:www.example.com>
This is the correct way for Google to interpret trademark laws in my opinion - even if you think that on the surface this sounds wrong. Clearly a brand like "Dyson" would generally want retailers to be able to say "We stock Dysons". Their only beef is when "Hoover" say something along those lines. In other words - a trademarked word is generally a good thing - something you want to scream from the rooftops. There is no law in the UK that says you cannot put an advert for Tesco next to an Asda store. There are laws about what Tesco might say in such an advert. It is the same on Google and online in general.
So here are two questions that we need to ask our clients to consider:
1. Do you want you adverts appearing next to competitor brands? If so, in what context? We will aim to ensure we work within the spirit, not just the letter of the law. However, we would be grateful if you - as brand managers - guide your account managers on this.
2. Have you done all you can with Google to protect your trademarked words from being used as Google adverts by other people? Receptional can point you in the right direction, but we cannot fill in the forms for you... they are your trademarks, not ours. You need to go to http://www.google.co.uk/dmca.html to follow the instructions there.
This is an important change in the UK and Ireland only. (It is the same as the current US and Canada policy, but the rest of Europe is more restrictive.) You can generate a lot of new ad impressions if you now want to bid on a competitor's keyword - but at what expense to your own reputation? More information is provided by Google at: http://adwords.google.com/support/bin/static.py?page=guidelines.cs&topic=9271&subtopic=9277&answer=47165
At the end of the day Receptional want to make you aware of these changes but we are not qualified to give legal advice and we strongly recommend you speak to your own solicitors before taking any action.
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08.04.2008.
