Internet and Trademark protection
Online Marketing constitutes over $2 trillion in annual sales of th U.S economy, and two-thirds of American households now contain a computer with Internet access. Businesses try to get a competitive edge with their Web sites and some of the Online Marketing tactics run afoul of traditional notions of trademark infringement and unfair competition.
Google Adwrods apparently allows competitors to bid on trademarked terms, including competitors business names.
AdWords Trademark Complaint Procedure
When we receive a complaint from a trademark owner, we only investigate the use of the trademark in ad text. If the advertiser is using the trademark in ad text, we will require the advertiser to remove the trademark and prevent them from using it in ad text in the future. Please note that we will not disable keywords in response to a trademark complaint. In addition, please note that any such investigation will only affect ads served on or by Google.
Search engines organic results are based on how search engine robots read metatags written into the Web site code, which further describe the nature of the site. Some site operators include the trademarked words of competitors in the metatags. For instance, a Hewlett-Packard personal computer retailer might create metatext so that a person typing into a search engine the term “Apple Computer” might end up finding the Hewlett-Packard personal computer retailer.
This phenomenon, defined as “initial interest confusion,” can cause an inquiring buyer mistakenly to visit a Web site which sells something he needs, but is of a different brand; and Trademarks and Brand names as of now aren’t protected on the Internet.
