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Can another company us my company name in their Google Adwords

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# 1
Visitor ✭ ✭ ✭

There is a company called Partyrama (www.partyrama.co.uk) how uses my company name "Party Kiosk" in the Google Adwords...........Is this legal? 

 

I have asked Partyrama to stop doing using my company name in their adwords, but they are still using my company name.

 

Any help would be great

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Accepted by Eric (Google Employee)
September 2015

Re: Can another company us my company name in their Google Adwords

Top Contributor
# 2
Top Contributor

Hi Ch47,

 

Legality and policy conformity are/can be two separate issues.  From what you wrote, I would say that there is probably no wrong doing on their part.  "Party Kiosk" are very general terms when taken outside of the context of a business name.

 

I've seen folks bidding on competitors brand names numerous times.  In some instances, it's perfect fine, (can another company be more relevant for your own company name than you can be?)  in other situations its against Google's policy.  If you were Coca Cola and someone was running ads claiming they were Coca Cola or using your trademark without proper license, then its a different story.

 

If you would like to pursue Trademark Infringement, Google provides some options for you here:

 

http://support.google.com/adwordspolicy/bin/answer.py?hl=en&answer=6118

 

You can always contact support (Top right corner or screen) for further details and options.

 

Hope this helps!

 

-Tom

 

 

Tommy Sands, AdWords Top Contributor | Community Profile | Twitter | Philly Marketing Labs
Did you find any helpful responses or answers to your query? If yes, please mark it as the ‘Best Answer.’

View solution in original post

Marked as Best Answer.
Solution
Accepted by Eric (Google Employee)
September 2015

Re: Can another company us my company name in their Google Adwords

Top Contributor
# 2
Top Contributor

Hi Ch47,

 

Legality and policy conformity are/can be two separate issues.  From what you wrote, I would say that there is probably no wrong doing on their part.  "Party Kiosk" are very general terms when taken outside of the context of a business name.

 

I've seen folks bidding on competitors brand names numerous times.  In some instances, it's perfect fine, (can another company be more relevant for your own company name than you can be?)  in other situations its against Google's policy.  If you were Coca Cola and someone was running ads claiming they were Coca Cola or using your trademark without proper license, then its a different story.

 

If you would like to pursue Trademark Infringement, Google provides some options for you here:

 

http://support.google.com/adwordspolicy/bin/answer.py?hl=en&answer=6118

 

You can always contact support (Top right corner or screen) for further details and options.

 

Hope this helps!

 

-Tom

 

 

Tommy Sands, AdWords Top Contributor | Community Profile | Twitter | Philly Marketing Labs
Did you find any helpful responses or answers to your query? If yes, please mark it as the ‘Best Answer.’

Trade-name in ad text vs. a keyword

Top Contributor
# 3
Top Contributor

Hello Ch47;

 

Tough your question was marked as "solved", I would like to elaborate on the topic, for future reference, in general, as well as, on your specific question, in respect to the the UK

The use of trademarks, as part of AdWords campaigns, is a very broad subject, with many legal consequences. There have been numerous of ruling on the subject, and they vary from jurisdiction to another.


In the UK Google does permit to use a trademark as a keyword, but does not allow to show a trademark in the ad-text.

The logic behind it, is that Google is a "display window" to the public of ads. When ads are displayed to the public, copyright laws must not be infringed. However, If a trade-name is used as a keyword to trigger an ad - this is considered a "back office activity", which is invisible to the public. Thus, Google permits this practice.

 

If you, as an advertiser, think that using a trade-name as a keywords, by a competitor, infringes your trade-name rights, you should take the competitor to court. Google is not a side to this dispute, because (as explained), using trademark as a keyword is NOT an activity visible to the public.

 

An additional important footnote, since, as said, much ruling on the subject: In a some jurisdictions, using a trade-name as a keyword is considered a violation of trademark laws.

 

Even in the UK there is an exclusion :

  • In EU and EFTA regions, we do not prevent the selection of trademarks as keywords. However, in response to a complaint, we will do a limited investigation as to whether a keyword (in combination with particular ad text) is confusing as to the origin of the advertised goods and services. An example could be an ad that falsely implies affiliation with the trademark owner. If we find that it is confusing, we will remove the specific ad that is the subject of the complaint.

-Moshe


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: Can another company us my company name in their Google Adwords

Visitor ✭ ✭ ✭
# 4
Visitor ✭ ✭ ✭

Contact support. Ha!

Re: Can another company us my company name in their Google Adwords

Visitor ✭ ✭ ✭
# 5
Visitor ✭ ✭ ✭
damicoaustin

How can we get in touch with support regarding this matter? Is there an email/fax/number?

Re: Can another company us my company name in their Google Adwords

Visitor ✭ ✭ ✭
# 6
Visitor ✭ ✭ ✭
That was a joke. Meaning support won't do anything, because I had tried and never got a response. But I had a case where a competitor was using our name directly in their actual ad text, and I simply called them every day for a week until they responded to my voicemail, and they removed our name.

Re: Can another company us my company name in their Google Adwords

Top Contributor Alumni
# 7
Top Contributor Alumni

Andrew M

 

At the the link in the post that PPCBossman gave you (which provides valuable information that you should read, there is a link to the page for trademark owners. It provides the reporting form for trademark violations--that's the form you need to fill out in order to report your problem.

 

I would add that Google takes these reports very seriously and all of them are investigated--however, that is not the same thing as saying that you will get a same-day or even overnight response. After you've filed the trademark infringement form, be patient for a while and allow the team time to get to your report and to investigate it.


Theresa
Google AdWords Top Contributor
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