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Trademark Infringement

Visitor ✭ ✭ ✭
# 1
Visitor ✭ ✭ ✭

Dear AdWords Community,

 

My client received an email stating this, "I have been informed of a google adwords campaign with my trademark in it. This is a friendly email to ask to please remove it. It is 1.) illegal to infringe a trademark 2.) against googles adword policies. I do not wish to get either of them involved but will this is not resolved and quickly."

 

Below is the ad that is in question. 

inerdz (1).jpg

 

 

 

 

This ad uses the keyword "Apple Outlet". Blow is the ad and you can see the "Apple Outlet" is a keyword insertion. 

Screen Shot 2016-06-20 at 9.39.41 AM.png

 

 

 

 

 

Then I looked at Google ad policies and found this LINK.

Under the "Trademarks as keywords" section it  states, "Google won't investigate or restrict the selection of trademarks as keywords, even if we receive a trademark complaint."

 

I don't want to get in trouble or my client to get in trouble for an ad and I am looking for other partners expertise and experience in similar situation. But I also don't want to get pushed around from local competition if they are just flexing their muscles. 

 

Please help!

 

Thank you,

Jared

1 Expert replyverified_user
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Marked as Best Answer.
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Accepted by topic author Jared J
June 2016

Re: Trademark Infringement

Explorer ✭ ✭ ☆
# 2
Explorer ✭ ✭ ☆
Hi Jared,

You can request permission from Apple to use "Apple" in text ads and that may fix the issue. If the complain is from Apple themselves I recommend they change it before this escalates.

Furthermore, you found an article about "Trademarks as keywords" but that only applies, as the name suggests, to keywords and not to ads.

With ads you have to respect trademarked terms. Display URLs can often contain trademark terms.

So in conclusion, they should change the Ad Copy and contact Apple for permission.

This page provides more details on trademarks in ad copy:

https://support.google.com/adwordspolicy/answer/6118?hl=en-GB

Ali

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Marked as Best Answer.
Solution
Accepted by topic author Jared J
June 2016

Re: Trademark Infringement

Explorer ✭ ✭ ☆
# 2
Explorer ✭ ✭ ☆
Hi Jared,

You can request permission from Apple to use "Apple" in text ads and that may fix the issue. If the complain is from Apple themselves I recommend they change it before this escalates.

Furthermore, you found an article about "Trademarks as keywords" but that only applies, as the name suggests, to keywords and not to ads.

With ads you have to respect trademarked terms. Display URLs can often contain trademark terms.

So in conclusion, they should change the Ad Copy and contact Apple for permission.

This page provides more details on trademarks in ad copy:

https://support.google.com/adwordspolicy/answer/6118?hl=en-GB

Ali

Re: Trademark Infringement

Top Contributor
# 3
Top Contributor

@Jared J;

If the ad was in violation of  Google's Policy it would not be approved.

If the ad approved and your competitor still claims  an infringement, then the   issue is  between you and the competitor. As stated in the Policy, google will NOT investigate.

 

 

 

Moshe, AdWords Top Contributor , Twitter | Linkedin | Community Profile | Ad-Globe
Did you find any helpful responses or answers to your query? If yes, please mark it as the ‘Best Answer’

Re: Trademark Infringement

Explorer ✭ ✭ ☆
# 4
Explorer ✭ ✭ ☆

@MosheTLV it was the trademark as keyword policy that @Jared J was reading, not the ad policy.

Re: Trademark Infringement

Top Contributor
# 5
Top Contributor
@ali
My answer was general.
If there were ANY infringement of trademark issues, the ad would not be approved.
Moshe, AdWords Top Contributor , Twitter | Linkedin | Community Profile | Ad-Globe
Did you find any helpful responses or answers to your query? If yes, please mark it as the ‘Best Answer’