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Client's competitor using their name in PPC ads

by joe golfer
5 replies
What would you do if your client's "up and coming" competitor was buying PPC ads using their name as a keyword?
#ads #client #competitor #ppc
  • Profile picture of the author angiecolee
    I say this knowing relatively nothing about PPC.

    But from an intellectual property standpoint, I think a good attorney could argue that the up-and-comer is using your client's name for personal gain, and intentionally doing so. If your client is registered, that could be grounds for a protection suit.

    That said, I'm not sure what gray areas there are in PPC ads. Are they positioning themselves as better than X competitor? Or are they outright misleading people into thinking they're X competitor because of their good reputation?
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  • Profile picture of the author drewfioravanti
    It is not against Google AdWords TOS to bid on copyrighted terms not owned by the advertiser, but it is against the TOS to use them in the ad copy.

    So they can bid on your brand name, but they cannot mention your brand name in their ad.
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  • Profile picture of the author Marty Foley
    Originally Posted by joe golfer View Post

    What would you do if your client's "up and coming" competitor was buying PPC ads using their name as a keyword?
    I'll address this as though you were the client:

    According to Google, "the owner should first contact the advertiser directly to address the issue."

    Further, they will "not restrict the use of your trademark in AdWords text ads unless you submit a valid complaint [to Google], even if your trademark is registered."

    They provide info on how to file a complaint to Google, who qualifies to file, and other information, here:
    https://support.google.com/adwordspolicy/answer/2562124

    (Basically you need to qualify, and to send an email.)

    Once a valid complaint has been made, you can dictate who is and isn't authorized to bid on your trademark terms in their ads.

    There's one exception to this though. Google's stated policy on this is: "Google will not investigate and restrict use of the trademark in display URLs..."

    Hope this helps.

    ~ Marty Foley
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    • Profile picture of the author drewfioravanti
      Originally Posted by Marty Foley View Post

      Once a valid complaint has been made, you can dictate who is and isn't authorized to bid on your trademark terms in their ads.
      This part isn't exactly correct. You can bid on the trademark terms (ie. keywords), but you cannot use them in text ads.

      Originally Posted by AdWords Trademark Policy

      Trademark terms used in keywords

      Google will not investigate or restrict the use of trademark terms in keywords, even if a trademark complaint is received.
      Here's a link to the policy: https://support.google.com/adwordspo...wer/6118?hl=en
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