Bidding on competitions' trade mark terms and including them in ads

Discussion in 'Pay Per Click Advertising' started by davidtube, Jan 21, 2008.

  1. #1
    When I did a search for "Perry Marshall" I see an ad saying "Perry Marshall Exposed, Learn what he doesn't want you to know" or something like that. Is this allowed? Can I bid for the keyword "amazon" then say "Amazing is more expensive than us"?
     
    davidtube, Jan 21, 2008 IP
  2. Paullie

    Paullie Peon

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    #2
    I'm no IP lawyer but have had experience in the field, and I would say that would qualify as misuse of a trademark.
     
    Paullie, Jan 21, 2008 IP
  3. pamminikin

    pamminikin Peon

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    #3
    Is "Penny Marshall" trademarked? Or is it just the personal name of an actress/director? Amazon would most likely have their lawyers send you a a cease&desist for using their "mark" in advertising. They have whole departments that keep watch on this sort of thing.
     
    pamminikin, Jan 22, 2008 IP
  4. Paullie

    Paullie Peon

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    #4
    You would need to do a Trademark search in the relevant country registration office. You could do a madrid search as well.
     
    Paullie, Jan 22, 2008 IP
  5. davidtube

    davidtube Peon

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    #5
    Are you allowed to bid on the term without mentioning them in the advert?

    For a better example of what I'm talking about, search for "wealthy affiliate". The results are full of "wealthy affiliate is a scam" type of things.
     
    davidtube, Jan 23, 2008 IP
  6. wantmomoney

    wantmomoney Peon

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    #6
    Yes, you can bid on competitions keywords and use them in your ads. Look around and you'll see this done in advertising everywhere. Remember the "Pepsi Challenge"?
     
    wantmomoney, Mar 18, 2008 IP