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  1. #1
    ABW Founder Haiko de Poel, Jr.'s Avatar
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    I've recently started doing the TM protection thing and saw that there were a slew of companies bidding on the term "ABestWeb" on adwords, although flattered I was pissed and sent them all an email requesting that they immediately terminate such activity. The responses were wha?, how in the world?, what is ABW? They had no idea that they were even bidding on my trademark. So I logged into adwords and did a search for affiliate and here's what I got ...

    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Here are additional keywords to consider:

    Add any relevant suggestions you see here to your keyword list or combine them with your current keywords to refine your targeting. (Please note that these terms aren't expanded broad matches-your ads won't automatically show for these terms.)

    commision junction
    affiliated
    commission junction
    webmaster money
    work from home
    website sponsors
    sfi
    make money online
    make money at home
    drop shipping
    make money
    easy money
    e gold
    webmaster
    exchanges
    promote
    refferal
    refer a friend
    affliate
    refer
    ezines
    adult
    pay per click
    impressions
    cents
    high paying
    per click
    reller
    ppc
    merchant account
    linkshare
    affilate
    cj
    value click
    affiliations
    program
    exchnage
    findwhat
    thru
    cognigen
    excahnge
    regnow
    cash evolution
    afilliate
    affilate program
    brian garvin
    albert pujols
    espotting
    paid
    click through rate
    mailloop
    affilliate program
    affilliate programs
    link
    impression
    throughs
    affilliate
    clickthrough
    marketingtips
    marlon sanders
    private label
    afilliate programs
    afiliates
    affilites
    banners
    self replicating
    advertising
    start your own
    overture
    afilliate program
    revenue sharing
    pay per
    affilite
    autoresponder
    turnkey
    co registration
    ccbill
    programs
    reselling
    resell
    clickbank
    tell a friend
    affilaite programs
    assoctrac
    domain name registration
    afilliates
    get paid
    quinstreet
    excange
    sponsors
    afiliate programs
    pay per view
    webmasters
    affilate programs
    bfree
    ezine
    shareasale
    focalex
    domain
    incentivized
    payperclick
    windowscasino
    adminder
    directleads
    reseller
    afiliate
    profitpuppy
    fineclicks
    residual income
    banner
    advertisers
    domains
    7search
    link popularity
    groundbreak
    earn
    affiliateprograms
    affinia
    banner ads
    advertise
    affilates
    exhange
    clickagents
    clickxchange
    vstore
    burstmedia
    sitesell
    clicktrade
    referral
    affilliates
    onresponse
    popunder
    ken evoy
    commissionjunction
    trafficsyndicate
    worldprofit
    cloaker
    pennygold
    mlm
    scamfreezone
    linksynergy
    revenews
    myaffiliateprogram
    affliate programs
    sponsor
    link exchanges
    websponsors
    allclicks
    jeff ostroff
    domain registration
    internet success spider
    revshare
    click
    bfast
    domain names
    searchfeed
    associate
    comission junction
    cobrand
    site build it
    linkexchange
    roibot
    clickthru
    clickcash
    mininggold
    befree
    shane pearce
    domain name
    fast2net
    corey rudl
    referback
    associateprograms
    abestweb
    popuptraffic
    co branded
    partner
    cpc
    exchange
    clicks
    cpm
    progra
    clixgalore
    powerpipe
    earn money
    adnetwork
    webmater
    adultwebmaster
    tradedoubler
    bannerexchange
    <HR></BLOCKQUOTE>

    So it looks to me that google is promoting trademark infingment bidding by listing known (and unknown) Trademarks as keyword suggestions for ad campaigns.

    Thoughts?

    Here's thier TM policy:
    As a courtesy to trademark owners, however, we are willing to perform a limited investigation of reasonable complaints. When we receive a complaint from a trademark owner, our review is limited to ensuring that the advertisements at issue are not using the trademarked term as a keyword trigger. If they are, we disable those keywords from the ad campaign. Please note that any such investigation will only affect ads served on or by Google.

    <font size="2" face="Verdana">Haiko


    The secret of success is constancy of purpose. ~ Disraeli
    </font></p>

  2. #2
    ABW Ambassador
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    Yep, but if notify them they will disable it.

  3. #3
    ABW Ambassador
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    Yeah, if you really want to, you just notify them and then no one will be able to bid on it.

  4. #4
    ABW Adviser Panel Dynamoo's Avatar
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    I did get a couple of my AdWords ads terminated because they said I was violating a trademark.. of the product I was promoting. They sent me an email with a list of terms some of which I'm pretty certain *weren't* a trademark.

    So, I'm not sure Google actually check too hard and will probably terminate those terms if you ask them.

    ________
    "All your commission are belong to us." - Slimeware Corporation

  5. #5
    2005 Linkshare Golden Link Award Winner  ecomcity's Avatar
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    ROLMAO ...search for the term Adwords. The second sponsored listing is a complete trade mark spoof redirecting to this info peddling wank.. http://www.perrymarshall.com/google/

    Check out the URL shown GooglAdWords.com and deceptive spin causing a blind redirect.

    Try Overture keyword and see the PPCSE Ads that spoof www.overture.com doing blind re-directs to cookie stuff Overture leads fees and infringe on Overtures trademark and brand...

    Mike & Charlie ...

    If they won't adopt and feed a bird ..flip them one! BBQ some Gator and remember to flush WhenU..

  6. #6
    ABW Ambassador
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    As with most things, google doesn't know it is trademarked until you tell it. Until then it is just a word like any other.

    Chet

  7. #7
    ABW Ambassador
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    Haiko,

    If I was you I would be pleased that ABestWeb is listed as somehow relevant to the extremely general term 'affiliate'. That's a good thing.

    But, you just need to contact Google, as others have said, and let them know that ABestWeb is a trademark and you don't want people bidding on it.

    After all, advertisers are not allowed to bid on the word 'Jenna' as that is trademarked by a certain well know adult actress. Don't ask me how I know this...I think I acquired this information by a process of osmosis.

    Search Engine Marketing and Positioning - 1 Design 4 Life

  8. #8
    ABW Ambassador
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    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR> I think I acquired this information by a process of osmosis.
    <HR></BLOCKQUOTE>
    Wow

  9. #9
    ABW Ambassador
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    Haiko, more than likely, they are actually referring to abw in that keyword list, unknown to the human element. Let me explain, imo, what's going on...

    the searches, by users, have been resulting in return with the abestweb.com domain. With the keywords, phrases, and descriptions (text) associated with your domain, Google bot, and the other non-human qualities of Google, is trying to tell you that you are loved very much - lol! it actually may be a good thing. think it through before pulling the plug.

    -----------------------------
    14/88
    Unsere Ehre Heisst Treue

  10. #10
    ABW Ambassador buy_online's Avatar
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    Here are two stories concerning American Blind and Wallpaper's TM suit against Góógle:

    http://www.eweek.com/article2/0,4149,1473225,00.asp

    and a follow up article:

    http://www.eweek.com/article2/0,4149,1506958,00.asp

    Fred

    Are you sure the nurses know you're using the computer?

  11. #11
    ABW Ambassador Radegast's Avatar
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    I thought we were supposed to perform due diligence to avoid inadvertently violating TMs.

    Seems, that if you're Google, it's OK to violate TMs and the onus is on us to inform them...

    Big Brother strikes again...

  12. #12
    ABW Ambassador buy_online's Avatar
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    Yup !

    Yet another case of "watching out for number one." Add it to the to-do list, I'm sure I'll enjoy taking away time from something productive

    Fred

    Are you sure the nurses know you're using the computer?

  13. #13
    ABW Ambassador
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    Due diligence is needed if you choose to use a trademark in a manner similar to what is protected.

    Think of it this way.

    People search on the term, "Dogs In Space", they get the normal dogs sent into space results. Disney makes a movie, "Dogs In Space" and trademarks that word for use in their products and movies.

    Was google supposed to know when that phrase went from a generic phrase to a specific product? There is no way Google can be expected to be able to keep track of all the trademarks, nor do all the trademarks want protection. Also some trademarks can be used for this, not for that.

    The law is clear, it is the job of the trademark owner to enforce their trademark. Past that, if you knowingly use a trademark bad, if you unknowingly use a trademark - no harm no foul if you act quickly when notified. So google isn't being lazy, they are behaving how the law dictates they behave.

    Same as every other SE (except i think google responds the quickest).

    Chet

  14. #14
    ABW Ambassador Radegast's Avatar
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    Chet

    Thanks for putting me right on the point of law.
    It would, of course, be totally impossible for Google to keep track of every word or phrase that passes through their system anyway.

    In general I am uncomfortable with the role Google has taken upon itself, without having nearly enough resources to manage things properly.

  15. #15
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    Here's my understanding of tradmarks. Keep in mind, I'm no lawyer, but I play one on TV:

    Unless you've registered "ABestWeb" with the Patent and Trademark Office, you probably don't have any recorse with Google. While you might have a "first use" case, it probably wouldn't apply here.

    I did a search for ABestWeb at the USPTO website (http://www.uspto.gov) and the search came up empty. In that sense, you're probably out of luck from a legal standpoint.

    This raises another issue with a lot of online businesses... It's easy to put a "TM" beside your company name, product, etc., but in most cases it doesn't mean a thing. Unless it's registered, the "TM" are only a few extra characters on all your HTML pages.

    If this is something you're really concerned with, speak with a lawyer. In the end, you'll just be out more money than you think you're losing right now.

    Regards,

    Christian aka KhakiMan

  16. #16
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    Hakio, I am a little confused - is ABW a registered TM? If so it is your obligation to protect it from inproper use as you have clearly outlined here.

    With such a huge asset as ABW is this should be a major concern of yours. I have experienced alot of TM litigation and even if it is not Trademarked you still have rights and protection. Check with your business insurance policy because they may cover you for legal fees to protect your name.

    I know a top firm that deals with this stuff. Send me an email and I will give you their name and number. If ABW is not registered, I would strongly suggest registering it. It would be the best $375.00 you will spend. Plus it's an asset that will increase in value.

    Howie Goldberg
    Affiliate Manager
    www.1lingeriestore.com
    (800)206-7230
    amh@webc1.com
    www.1lingeriestore.com/affiliates.htm

  17. #17
    ABW Founder Haiko de Poel, Jr.'s Avatar
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    A little lesson in TM law from those questionably F'ed by the law. Any company or entity that has a first use of as mark in interstate commerce, registered with the USPTO or not wins any TM case. These are called common law trademarks (CLTMs), they are carried over from british rule but are enforceable today and most importantly my CLTM is stronger than any federal (uspto) TM or application!

    How do I know? Well I had a few TM apps up for reg a few years ago and a a major co that decided to infringe on it and another decided to defend their CLTM.

    Long story short ... the CLTM had annual sales of 500MM and the other who infringed on my apps did over 1,300MM in sales, they settled with me and I dropped the suit with the CLTM as they had a date of prior use for a portion of one of my marks.

    I've lived, learned and more importantly been burned.

    ABW and it's mark is protected.

    <font size="2" face="Verdana">Haiko


    The secret of success is constancy of purpose. ~ Disraeli
    </font></p>

  18. #18
    ABW Founder Haiko de Poel, Jr.'s Avatar
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    Christian,

    Hi and welcome to ABW!

    Actually the use of TM is specifically defined ... it serves notice to all that the TM is intended to be reged with the uspto or other authority. However, with all TM apps ... DOFU (Date of First Use) is the most important for full rights and use (see my post above). If anyone tries to TM or use my TM with out licensing, I could sue and will win!

    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Originally posted by KhakiMan:
    Here's my understanding of tradmarks. Keep in mind, I'm no lawyer, but I play one on TV:

    Unless you've registered "ABestWeb" with the Patent and Trademark Office, you probably don't have any recorse with Google. While you might have a "first use" case, it probably wouldn't apply here.

    I did a search for ABestWeb at the USPTO website (http://www.uspto.gov) and the search came up empty. In that sense, you're probably out of luck from a legal standpoint.

    This raises another issue with a lot of online businesses... It's easy to put a "TM" beside your company name, product, etc., but in most cases it doesn't mean a thing. Unless it's registered, the "TM" are only a few extra characters on all your HTML pages.

    If this is something you're really concerned with, speak with a lawyer. In the end, you'll just be out more money than you think you're losing right now.

    Regards,

    Christian aka KhakiMan<HR></BLOCKQUOTE>

    <font size="2" face="Verdana">Haiko


    The secret of success is constancy of purpose. ~ Disraeli
    </font></p>

  19. #19
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    Haiko -
    Now your talking!
    Those are fighting words!
    You know exactly what your doing.

    Howie Goldberg
    Affiliate Manager
    www.1lingeriestore.com
    (800)206-7230
    amh@webc1.com
    www.1lingeriestore.com/affiliates.htm

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