Optimizing for trademark terms

Local Trifecta · 01-26-2012, 02:35 PM

Hi Folks,

Quick question ... a client of ours is optimizing for a competitors term ... and we have moved them up to the #2 spot essentially right behind the competition. They asked if their competitor could sue for copyright/trademark since its included in the TITLE tag ...

Does anyone have any links that talk about this? Unless the sites took identical I cant imagine this would be an issue but just want to be sure ...

Thanks!

KGS

FrankRumbauskas · 01-26-2012, 04:23 PM

I can't answer your question definitively, but owning a few registered trademarks myself I can tell you that trademark dispute litigation can easily cost over $100,000 ... yes anyone can sue you for anything, and whether or not they win is another question. So it's up to you whether you want to go down that road or not.

As to the trademark in the title, the trademark owner can easily have the site removed via a DCMA takedown. Most likely this is what they'll do rather than sue.

Local Trifecta · 01-26-2012, 10:12 PM

Is that true? Lets say I create a page about Pepsi being better than Coke (its true by the way) and it gets on the 1st page ... your saying coke or pepsi could pull my page/site down because it had been optimized for their trademark terms? This doesnt really make sense to me ... I am sure I am not the 1st to ask this question ... I just couldnt really find any info online easily ...

vvsingh · 01-27-2012, 01:07 AM

If you are optimizing your site for a general terms then having identical title is not an issue. No one in world can sue you. Like If a competitor is using only SEO Firm India in Title and I am too using SEO Firm India in title, then he or she can't sue me. But if I use his brand name or any registered name by his company then he can sue me.
Besides as Frank said, legal issues concerning copyright issue are costly affairs, doesn't matter you are guilty of its infringement or not.
Third point: From the perspective of SEO, it helps to have a unique title so better have a better unique title.

01-26-2012, 02:35 PM	#1
Local Trifecta Warrior Member Join Date: Mar 2011 Location: Vancouver, BC Posts: 23 Thanks: 0 Thanked 4 Times in 4 Posts Social Networking	Optimizing for trademark terms Hi Folks, Quick question ... a client of ours is optimizing for a competitors term ... and we have moved them up to the #2 spot essentially right behind the competition. They asked if their competitor could sue for copyright/trademark since its included in the TITLE tag ... Does anyone have any links that talk about this? Unless the sites took identical I cant imagine this would be an issue but just want to be sure ... Thanks! KGS

01-26-2012, 04:23 PM	#2
FrankRumbauskas HyperActive Warrior War Room Member Join Date: Nov 2008 Posts: 196 Thanks: 7 Thanked 50 Times in 38 Posts	Re: Optimizing for trademark terms I can't answer your question definitively, but owning a few registered trademarks myself I can tell you that trademark dispute litigation can easily cost over $100,000 ... yes anyone can sue you for anything, and whether or not they win is another question. So it's up to you whether you want to go down that road or not. As to the trademark in the title, the trademark owner can easily have the site removed via a DCMA takedown. Most likely this is what they'll do rather than sue.
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01-26-2012, 10:12 PM	#3
Local Trifecta Warrior Member Join Date: Mar 2011 Location: Vancouver, BC Posts: 23 Thanks: 0 Thanked 4 Times in 4 Posts Social Networking	Re: Optimizing for trademark terms Is that true? Lets say I create a page about Pepsi being better than Coke (its true by the way) and it gets on the 1st page ... your saying coke or pepsi could pull my page/site down because it had been optimized for their trademark terms? This doesnt really make sense to me ... I am sure I am not the 1st to ask this question ... I just couldnt really find any info online easily ...
	Local Internet Marketing \| Vancouver Internet Marketing

01-27-2012, 01:07 AM	#4
vvsingh Monarch of Search Engines Join Date: May 2011 Location: SEO Corporation Posts: 169 Thanks: 0 Thanked 5 Times in 5 Posts Social Networking Contact Info	Re: Optimizing for trademark terms If you are optimizing your site for a general terms then having identical title is not an issue. No one in world can sue you. Like If a competitor is using only SEO Firm India in Title and I am too using SEO Firm India in title, then he or she can't sue me. But if I use his brand name or any registered name by his company then he can sue me. Besides as Frank said, legal issues concerning copyright issue are costly affairs, doesn't matter you are guilty of its infringement or not. Third point: From the perspective of SEO, it helps to have a unique title so better have a better unique title.
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