Trademarks in Search TacticsTrademarks in Search Tactics

David Naffziger CEO, BrandVerity

Evolution of Google’s TM PolicyEvolution of Google’s TM Policy

Who’s Bidding on your TMs?Who’s Bidding on your TMs?

• Partners:– Shopping Comparison Engines– Affiliates– Channel Partners– Etc.

• Competitors

• Other:– Job sites– Stock newsletters– Search Engines– Ad Arbitragers– Etc.

Can use TM in Ad Copy on Google

Can use TM in Ad Copy on Google

Who is Bidding on your TM?Who is Bidding on your TM?

Branded Keywords for a consumer electronics retailer

* Largely Comparison Shopping Engines (CSEs)

Who Outbids the Merchant?Who Outbids the Merchant?

Offensive TacticsOffensive 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 TechniquesAffiliate Techniques

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

CSE TechniquesCSE Techniques

• Purchase TM, direct to CSE site

• CSE Affiliates purchase to Affiliate site – subsequent clicks recorded from CSE

Dodging FiltersDodging Filters

• How they dodge search engine filters:– TM in Display URL– Variations on TM (typos,

spaces, etc.)– International Characters

Advertising ArbitrageAdvertising Arbitrage

Advertising Arbitrage (CSEs)Advertising Arbitrage (CSEs)

• Purchase TM, PPC Arbitrage

Mobile Recurring BillingMobile Recurring Billing

• $9.99 Mthly Recurring Mobile Bill

• Instant redirect to a publicly available coupon site

Toolbar MonetizationToolbar Monetization

• Only on Ask.com• Encourages downloads of

Ask.com toolbars

Defensive TacticsDefensive Tactics

• 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

Understand how the advertiser makes money!

Affiliate & Partner ManagementAffiliate & Partner Management

Approach 1: Maintain Clean Results

• Proactive, aggressive policing• Consistent enforcement

Affiliate & Partner ManagementAffiliate & Partner Management

Approach 2: Collaborate

Cease & Desist RequestsCease & 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 EnginesWork 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 policiesKnow your editorial policies

• Resolution– Yahoo Editorial Policy Violation?

• Follow trademark procedures

– Graphic TradeMark abuse?• Cease & Desist on Logo Usage

– Maybe C&D on Search Ad

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)”

TM Management is Your ResponsibilityTM 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!Thanks!

David NaffzigerCEO, BrandVerity

Search Ad Monitoring

davenaff@brandverity.comwww.naffziger.net/blogwww.brandverity.com

@brandverity@davenaff