I am not talking about showing up on the ad on Google, but have the ad be displayed when someone type's that name and you have a different ad displayed. EG. My keyword is Tom Smith: My ad does not say anything about Tom Smith, but let's say Tom was into music, so the ad was music related. EG: Music Industry Information Learn about the stars Meet your favorite singer A) Can Tom be upset that when someone searches his name this ad for another site shows up? B) Is there any recourse?
As someone in that position... Possibly/Probably/Definately, if you compete with Tom for the same customers and you're seen to be poaching. Your ad may also imply an "association" with him that he may not appreciate. Remember most users aren't web-savvy and may not understand just how the ads get there and that they're not hand picked or vetted. I doubt it, but we never asked. If I was Google I would say that any phrase was fair game.
Companies competing with say Vonage, run ads all the time to 'poach' clients. They use Vonage in their keywords but not in the ad itself to draw clients. I guess I don't see the big deal. This happened to a friend of mine and I basically told him to quit whining, he said he is going after the other party... I told him good luck. If your name isn't trademarked, how are you going to make that stick... PS: As much as I understand about the unsavvy consumer, all of those who publish adsense, blending it into their sites etc... are praying on them. This is at least stating "SPonsored Links" etc... and going from there.
Even if the name is trademarked the other party isn't claiming to be "Tom Smith", merely requesting for their ads to be shown when someone searches for "Tom Smith". And don't even get me started on the blended ads, misleading layouts and ads dominating the space above the fold.