Competitor threatening to sue

Supercow

Supercow

Supercow

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Joined
30 Aug 2003
Posts
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Location
Straya
I have recently recieved a letter from one of my companies biggest
competitors, stating the following.

"...recently discovered that your company is advertising against our
name in Google searches. This is a voilation of our company trademark
and I would like your ads removed immediately from searches with the
following terms:
* Company name

I have put *"Company name" as one of our keywords in my Google Ad words
campaign, and I just wanted to know where I stand legally. The advert
in question does not mention them, or compare the two companies in any
way, shape or form. Needless to say, there is also no derogatory
information about said competitor.
Obviously, we don't want to go to court over it.

If any legal eagles or Ad Word fundi's around here, I would greatly appreciate your comments
 
I thought comparatory advertising was legalised a few years ago in this country?
I think they can have you over use of their trademark, not entirely sure. :)
 
Get back to them and ask them to give you the exact web address to the said advert. So you can see for yourself. And if it is against their rules, just remove it.
However, if they fail to give you the web site address or any proof of the said advert, then tell them there's nothing you can do as you don't know what they're talking about.
 
Ice On Fire said:
Get back to them and ask them to give you the exact web address to the said advert. So you can see for yourself. And if it is against their rules, just remove it.
However, if they fail to give you the web site address or any proof of the said advert, then tell them there's nothing you can do as you don't know what they're talking about.
Click to expand...

I agree entirely about that, but make sure you seem as though you wish to do everything in your power to sort out the situation, it will get you further if it seems like you are working with them to solve it, rather than trying to hide it and pretend it didnt happen, but if they can not say where, then just ignore it until they do.

Obviously remember to keep copies of all correspondance between you and said company. Get everything in writing etc.
 
Ice On Fire said:
Get back to them and ask them to give you the exact web address to the said advert. So you can see for yourself. And if it is against their rules, just remove it.
However, if they fail to give you the web site address or any proof of the said advert, then tell them there's nothing you can do as you don't know what they're talking about.
Click to expand...
It's a Google Ad words ad I "placed" next to their oraganic web searches for their company name ;)
For example. Google for "Microsoft" and you see adverts on the right hand side for other stuff, well if someone Google's for my competitor, then our advert appears on the right.
 
It says in the Adwords control panel that your keywords shouldn't infringe on anyones copywrite/trademark.
 
sja360 said:
but then surely when you google their company it comes up with yours?
Click to expand...
Thats the idea ;)

Tru said:
It says in the Adwords control panel that your keywords shouldn't infringe on anyones copywrite/trademark.
Click to expand...
Would that imply using their company name then you reckon ?
 
sup3rc0w said:
Thats the idea ;)
Click to expand...

Well then that totally illegal. Didnt BMW just get sued for god knows how much for doing exactly the same thing on Google?

http://news.bbc.co.uk/1/hi/technology/4685750.stm

Look at it the other way round, your competitor alters the search engine to return their pages when people type in your name. how would you feel?
 
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NumptyUK said:
Well then that totally illegal. Didnt BMW just get sued for god knows how much for doing exactly the same thing on Google?

Look at it the other way round, your competitor alters the search engine to return their pages when people type in your name. how would you feel?
Click to expand...
Thats not how it work mate.
My advert appears next to their organic search results (links you see in middle), and I am in no way misleading anyone into thinking we are actually said competitor. BMW got nailed, because they used "underhanded tactics" to improve their organic search results, which comes through a process called search engine optimisation.
This is entirely different ;)
 
NumptyUK said:
Well then that totally illegal. Didnt BMW just get sued for god knows how much for doing exactly the same thing on Google?

http://news.bbc.co.uk/1/hi/technology/4685750.stm

Look at it the other way round, your competitor alters the search engine to return their pages when people type in your name. how would you feel?
Click to expand...

No, bmw got done by google for trying to boost page ratings, ie lots of people using google clicking through to a "transparent page" and also artifically boosting google page ranking


edit:

linkage

http://www.itworld.com/AppDev/1634/060206bmwgoogle/
 
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sup3rc0w said:
Would that imply using their company name then you reckon ?
Click to expand...

I'm not sure. I use a lot of brand names in my adwords but we're a reseller. I think if it's a direct competitor you might be on shaky ground. Have a look at how much business you get from the ad and ask yourself, 'is it worth it?'. :)
 
Tru said:
I'm not sure. I use a lot of brand names in my adwords but we're a reseller. I think if it's a direct competitor you might be on shaky ground. Have a look at how much business you get from the ad and ask yourself, 'is it worth it?'. :)
Click to expand...

Tis exactly what I thought, and just came to the conclusion that it's not worth while. In the search for answers for this over the last week, I gathered quite a few new tricks n tips, so I'll just implement that in stead.
 
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