I'm in appliance repair. 40% of my business or even more can come from people looking for Kenmore appliance service. Thousands of people don't want to use Sears service due to bad experiences and I know this for a fact because they tell me this to my face. They actively go looking for other companies that service Kenmore appliances. In essance, Google's policy is that they will automatically block any attempt by anyone else to use a trademarked term if the trademark holder files a complaint asking them to. Google does NOT require these complaints to be filed on a case by case basis, they block everyone from using a trademark unless the advertiser gets the trademark holder's permission first. This is in blatant violation of US Antitrust laws. My right to advertise that I work on Kenmore is undeniably established under nominative use per Volkswagenwerk Aktiengesellschaft v. Church. The Ninth Circut Court ruled that as long as a servicer does not claim any endorsement by or relatioship with a trademark holder then the service company has a right to advertise that they do work on that brand. I have pointed this out to Google and all they say is talk to Sears to get permission... are you kidding? Sears has been attemption to manipulate things so that people will only call Sears Home Services for years. In essance, the situation is that Sears has asked Google to do something illegal to unfairly interfere with competition and Google has not only done it, they refuse to stop doing it when I point out to them that it's illegal. Have any of you had to deal with this illegal interference with your or your client's right to Nominative Use? If so, what has your experience been?
I haven't had such experience, but i know the feeling that be unfairly treated. But i trust Google, i think you need to calm down. Everything will be fine and manipulation of course couldn't be allowed.
A) I am calm. You should see my lawyer. She's an intellectual property and internet specialist who says this is open and shut antitrust and it's far from the first time she's heard of Google doing such a thing. She also said that they'll keep doing it until someone drags them into court for an antitrust suit. B) No it won't be fine. Sears Home Services spends millions per month with Google to stay at the top of Ad Words all over the country and they will just keep passing the buck saying I need to get permission from Sears, who filed the complaint to prevent anyone else from advertising that we work on Kenmore in the first place. C) Regarding trust, you should consider what you trust Google to do. I trust them to feel that they're trying to protect the rights of trademark holders to the extreme that they forgot that others have a right to fair use of those trademarks in advertising. I trust them to cover their rear ends by saying that it's a matter that's between Sears and those who want to use the trademark... but the problem with that is that it isn't true. The law is clear and if Sears doesn't like my use of the mark as a servicer it's on Sears to take me to court. It is NOT on me to go get permission from Sears. My atty has many contacts within Google. This is far from abnomal for them... which I why I asked about the experiences of others in the first place. The truth is that their policy violates Nominative Use and as long as Sears is pumping millions into Ad words they have no incentive to change it.