Coordinators

Other Contributors

About Us

www.clpblog.org

The contributors to the Consumer Law & Policy blog are lawyers and law professors who practice, teach, or write about consumer law and policy. The blog is hosted by Public Citizen Litigation Group, but the views expressed here are solely those of the individual contributors (and don't necessarily reflect the views of institutions with which they are affiliated). To view the blog's policies, please click here.

« Abusive Copyright Takedowns Aimed at McCain and Obama Show the Need to Amend the DMCA | Main | CPSC and NHTSA Recalls for September 2008 »

Thursday, October 16, 2008

Comments

mike

Interesting… I might try some of this on my blog, too. It’s quite interesting how you sometimes stop being innovative and just go for an accepted solution without actually trying to improve it… you make a couple of good points.

internet advertising

mike

Interesting… I might try some of this on my blog, too. It’s quite interesting how you sometimes stop being innovative and just go for an accepted solution without actually trying to improve it… you make a couple of good points.

internet advertising

William Ligiu Ionescu

Keyword advertising? Why does George W. Bush need handlers to have simple conversation with me? Why does any American president need handlers to have simple conversation with me? Because two paradigms exist, two structures, and dodging questions is dodging questions (two Americas; one, biologic, two, made of paper constitutions with hyperactive commerce clauses (hyperactive = nonconstitutional, extraconstitutional, same as your constitution (body) can survive hyperactivity so long only).

The constitutions were decoys to take the first hit rather than our constitution (body) taking the first hit. The price for freedom is vigilance. Kiss the constitution hello!

upperandlowercase.com


Riana Pfefferkorn

Oops - Paul has brought to my attention that keyword bids would be prevented only outside the U.S./Canada/UK/Ireland; keywords bids would be permitted, but use in the ad copy prohibited, in those countries. I apologize for the error.

Riana Pfefferkorn

planetjeffy, I think you are conflating several different phenomena. Yes, courts have uniformly held that use of a trademarked term in ad copy is a trademark use in commerce. But if a trademark owner gets its mark on Google's blacklist, then it doesn't matter whether the term is in a keyword list or in ad copy - Google won't let someone else use it. So keyword insertion wouldn't help; you couldn't bid on the keyword.

The Second Circuit's forthcoming decision in Rescuecom v. Google may clear up the legal uncertainties in trademarked keyword advertising, with more force than the conflicting decisions we have seen from district courts. Those who attended oral argument a few months back are not sanguine about Google's chances. But whatever way the case comes out, Google will modify its trademark policy accordingly. If Google wins and there is good language in the decision, you can expect Google to modify its trademark policy to be more permissive (but perhaps not too permissive - got to cater to those advertisers). However, fair use wasn't an issue in Rescuecom so Rescuecom likely will not help in that respect, and so far when nominative fair use has come up as a defense it's been rejected. So that will perhaps stay up in the air.

Paul, thanks for a fascinating post.

planetjeffy

I am not sure what you are getting at here. The court has ruled that advertisers may use trademarked terms as keywords, but not in the ad copy if the owner of the trademark objects and contacts Google. Even if Google rejects your ad for use of trademarked terms, there are ways to get around this by using dynamic insertion or using the keyword in the url.

Otherwise, the advertiser could run the ad without the trademarked term and use the term "his" or "candidate" in place of the candidate's name. I think this is all moot, however. Candidates are not companies or products. There is no restriction on the use of their name in the midst of a campaign. I have yet to see any restriction on the use of the opposing candidates name in traditional media, so it would carry over to PPC. If anything, they are not running enough paid ads covering core issues and attack points - like iraq war, bill ayers, bailout, jeremiah wright, recession, george bush, racist, etc.

Would the use of paid ads for these keywords payoff in more votes? Analytics would quickly tell the advertiser quickly if they are wasting money. Obama's web campaign is quite sophisticated, but not heavy into paid search. He has picked his battles, however. Search for keating and you'll see an example of this. McCain seems to have tried to overcome his second rate web marketing by a heavier paid search load. Get used to it, this year's internet driven campaign is just the beginning.

The comments to this entry are closed.

Subscribe to CL&P

RSS/Atom Feed

To receive a daily email of Consumer Law & Policy content, enter your email address here:

Search CL&P Blog

Recent Posts

February 2019

Sun Mon Tue Wed Thu Fri Sat
          1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28