Saturday, March 3, 2012

Bidding on Trademark Terms In Light of Legal Intellectual Property ...

Posted by: cyberdesignz on Friday, March 2nd, 2012

The recent PIPA and SOPA bills have caused a great buzz among online marketing circles. These bills in simple terms enforce the intellectual property law. Among different implications of these bills, the major implication pertaining to online marketing is on the bidding of trademark terms.

These bills have caused a change and made the PPC management a more difficult process. Now a PPC manager has to be more than careful in bidding for trademark terms. Earlier, PPC managers could bid on any of the keywords they wanted, however this is no more the case, the bills clearly state what is permissible and what not pertaining to trademark bills.

To these bills, and there implications pertaining to trademark terms, both Google for their Google AdWords, and Microsoft for their AdCenter issued statements. According to Google, the company has no part in the bidding process, and marketers can bid on any keyword without Google being held liable for it. On the other hand, Microsoft gives its customers a relaxation, and clearly says that, they can bid on trademark terms, until and unless these terms are relevant.

Regardless of the leverage of still being able to bid on trademark terms, there are limitations.

  • Although the advertisers are free to bid on trademark terms, but they are not allowed to use the trademark terms in the text of their ad.
  • Advertisers use Dynamic Keyword Insertion as a tool to recuperate with these policies, however, an advertiser on whose trademark term the bid was made can easily disallow the bid of competitors by simply filing a complaint.

In short, though an advertiser can still bid on trademark terms, but the limitations attached to it make it a more difficult and risky process.


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