Bing and Yahoo announced earlier last week that starting March 3, 2011, it will begin to allow advertisers in US and Canada to use competitors’ trademarks when bidding for online ads. This shift in policy doesn’t come as a complete surprise since it now aligns with Google’s current policies in the U.S., Britain, Canada and 200 other countries So what does this mean to brand owners?  Any third party (including competitors) can now bid for trademarked keywords and as a result, brand owners can no longer request the exclusive use of trademarked terms or control which ads appear during users’ searches.... Read More
Affiliate marketing programs no doubt play an important role in driving traffic to companies’ websites and generating sales, generating 6% of e-commerce sales according to the e-tailing group’s 2010 survey of over 150 online merchants.  Affiliate marketing programs are only expected to get bigger; Forrester Research projects the US affiliate marketing spend will double between 2009 and 2014, reaching $4 billion by 2014. Not surprisingly, a popular tactic used by affiliates to drive traffic is paid search, with 55% of affiliates leveraging pay-per-click advertising via search engines to promote their sites, according to a 2009 survey of over 450 affiliates by... Read More
Google recently announced that starting September 14, 2010, it will begin to allow advertisers in most European countries to use competitors’ trademarks when bidding for online ads. This shift in European policy doesn’t come as a complete surprise as the European Court of Justice (ECJ) sided with Google in the LVMH trademark case earlier this year. The judgment found Google and other search engines not liable for trademark infringement when advertisers purchase a keyword based on competitors’ trademarks so long as it removes infringing ads promptly when notified. So what are the implications for brand owners? Simply put, any third party... Read More
In a landmark judgment issued this past Tuesday, the European Court of Justice (ECJ) ruled that Google* is not liable for trademark infringement when an advertiser purchases a keyword based on a competitor’s trademark to trigger a search ad, so long as it removes infringing ads promptly when notified by brand owners. However, and this is critical, individual advertisers could be held liable if ads triggered by a keyword involving a competitor’s trademark are found to confuse consumers. So, what qualifies as consumer confusion? According to the ECJ whose opinion applies to all 27 EU member countries, the search ad can... Read More

Search

Follow Us

Get all the latest updates

Subscribe
Get all the latest updates
Interests

Featured Author

Alison Simpson
With more than 13 years’ experience in the domain industry, Alison has managed all aspects of Corporate Domain Managem... More