Understanding Trademark Infringement and Google Keyword Advertising

Advertising keyword is a multi-billion dollars to Google and other search engines. There has been much debate in recent years on whether to use another brand as a keyword in the initiation or the text of all the ads through Google AdWords. Google displays ads based on text-based search terms entered by the user. In addition to the organic search results, Google displays ads, created and financed by advertisers, links to the website of the advertiser.

Google AdWords is a program through which advertisers purchase terms (keywords). When an advertiser uses the Google search engine, which includes a keyword trigger, the advertiser ad appears with the link of the predetermine website advertisers. The advertisers pay Google based on the number of times Internet users click on advertising. For example, Company Y, a company that specializes in the repair of motorcycles can cause Google to display advertising and a link to a user each time the search engine Google for the term "motorcycle repair . Company Y can also cause your ad and link to appear when a user searches for the term "X", which May be a competitor of the company Y in the repair of motorcycles. Thus, whenever a research interest in the purchase of repair services for motorcycles Company X is launching a search for X (the X mark), an advertisement and a link appears on the search screen of the invite to find repair services in the Moto X competitor, the company Y. If the search clicks on the link of the company Y, company Y's website on the opening screen of the Internet and research may be able to buy the company Y motorcycle services repair.

Google also has a suggestion tool keyword that recommends advertisers keywords to consider. The program is designed to improve the effectiveness of advertising in helping advertisers to identify keywords related to their areas of commerce. Thus, in accordance with the above example, if the company and used by Google suggestion tool keyword, the tool could suggest to the Y for the purchase, not only the word "bike repair", but the term "X", its competitors brand and trademarks.

The AdWords advertisements are usually associated with a label that says "sponsored links". Google has been involved in a series of disputes regarding the allocation of its competitors to use every other trademarks as keyword triggers and in the text of the advertisement. Google's goal, obviously, is to sell more keywords to advertisers, it is possible to make more money. The trademark owners, Google sometimes justice for practice, but most often the competitor that offers the trademark keyword.

It is a relatively new and complex field of law, which generally requires the analysis and legal counsel. Whether or not a keyword trigger and contextual ads violates a third party trademarks, marks the third party is one who is always specific. Two key questions concern whether or not the keyword trigger is "use in commerce" of the mark of a third party, as that term is defined under the Lanham Act, the mark of status . The second is whether consumers might be confused by the advertising and advertising page of the link.