Ok, so lets say that I run a busy operation out of Washington State, and I want to advertise on Google using the word “apple” in my advertisement. If I were selling computers, I might have some problems (Apple Computers, Inc.). If I were considering selling music, I might also run into some issues (Apple Records). If I were selling produce, I’d probably be fine. At least I hope I would.
The state of the law concerning the liability of a search engine that allows advertisers to use others’ trademarks as keywords is uncertain at best, even with a recent ruling in Google’s favor (see Eric Goldman’s post Google Wins Keyword Lawsuit–Rescuecom v. Google). Added 5:00 pm, 10/20/2006 – Courts Can’t Figure Out if Buying Keywords Constitutes Trademark Use–Buying for the Home v. Humble Abode, in which the Federal District Court in the District of New Jersey decides that “keyword advertising is a use in commerce.”
Trademarks, Adwords, and Google Patent Filings
Earlier this summer, I wrote a blog post titled Automated Search Ad Approval Process, looking at an automated adwords review process from a Google patent application. It determined whether to accept ads, reject them, or require human oversight because of violations of Google policies, including possible unauthorized use of trademarked words or phrases.
Continue reading “Google Patent Filing Looks at Trademarks and Adwords”