Searching for an outcome: Google Vs the Trademark owner

As a lot of us are probably aware now Google’s trademark policy launched 5^th May this year, these changes are already having a significant impact on the search aspect of some campaigns and subsequently, it has come to light that there may be questions relating to the legality of this change in policy.

Following this uncertainty, some large scale advertisers have stepped forward and expressed their willingness to challenge the overwhelming power that is one of the world’s largest sellers of advertising space: Google.

The Background

For almost 9 years, marketers and agencies have benefited from Google’s policy on Trademark terms. Enforcing a policy which stipulated no other advertiser could bid against a registered trademark, Google offered a welcome defence against the competitor and left advertisers safe in the knowledge that their brand and trademarks were well protected…

However, accounting for 80% of the UK’s market share, this change in policy sees Google open up keyword bidding on all keyword terms, including trademarks. Effectively, more than one advertiser can now bid on and appear in sponsored links after a user has typed in a search query using a trademarked term. Ultimately, trademarks are no longer protected against competitors and affiliates.

Lastminute.com speak up…

It has been reported by Channel 4 News that the chief executive of Lastminute.com, Ian McCaig, has stated that Google's proposals will “cost them millions”, could breach trademark law and that they are prepared to sue if Google do go ahead with this change.

Lastminute argue: "Google's policy change is a big problem and we object to it. We are investigating with vigour the legal position and if that investigation concludes positively then we will absolutely pursue a legal case, no question." (Channel 4 News)

Fundamentally, a high proportion of some of the UK’s biggest brands use Google to facilitate a major proportion of their Search advertising spend.

Lastminute.com do not stand alone in this view. Tesco “have consulted their legal team”, while some companies, including Auto Trader have stated they would “consider joining with other brands in a group legal challenge to Google.”

Google defends its decision…

Unsurprisingly, Google stand by their decision to change the policy and state this amendment will improve the user experience by offering competing choices, allowing consumers to make more informed decisions.

Google also have the advantage of experience, as it is not the first time the search engine giant has enforced this controversial change in policy.

In 2004, Google introduced the same change in policy to the US and Canadian markets. Some sectors, including; travel, finance and retail, saw large movements in market costing as competitor bidding initially became a battle field. However, after a few months, the market found its natural position and the cost acquisition consolidated down after rivals began to understand how much revenue and sales could be driven from competitor brand terms.

The MediaVest View

Only days into a policy which is unlike anything the UK market has experienced during its search marketing history, the conclusion of this debate and possible legal battle, is unclear.

In their Legal Guidance Notes, The Institute of Practitioners in Advertising (IPA) point out that the law is very uncertain and untested in this arena. Their view is that, bidding on keywords of competitors may be an infringement of trademark.

“Clearly Google has taken the advice that it is not and for obvious financial and costs reasons, and due to its dominant position in the search market, Google is prepared to take the risk. Until an advertiser in the UK is prepared to bring a legal test case we shall not be sure of the way the courts will interpret trade mark law in this new media scenario.”

It will be interesting to see how this one unfolds in the coming weeks. Now that big brands such as Lastminute.com, Autotrader and Tesco have voiced their initial opinion to the media.

Steve Balmer Loves Apples?

Well by the date of my last blog as you can see it has been a while since I posted as I have been really busy. But I could not let this one go past that one of my staff James emailed to me this morning.

I think the title of the Blog and the picture below will say it all!

You can just imagine Steve B's face as he turns up to his fully branded Microsoft conference to discover that for the next 30 minutes he has to use a Silver and Black Fruit based laptop from his good friend Mr Steve Jobs.

And on top of this know that all the PR pictures taken like the one above will have that lovely logo in it.....classic!!

Dublin Search Marketing is Stronger than Ever!

Well it has been a while since I have wrote a blog but I have just got back from speaking at the Search Marketing World Conference again this year in Dublin and I have to say it was a great success so well done Martin and Aisling of Interactive Return and I look forward to the next one.

The conference this year was bigger than last year so no 'Church of Search' as per my blog on last years event but the venue was really good. It is great to see the interest in the event with around 270 attendees I believe and a hunger to learn about Search and the Media Industry. The conference had some good pre event coverage and I got the chance to be part of a piece in the Irish Independent...even if they spelt my Name and Company wrong!

Martin again managed to assemble a great speaker line up and it was good for me to catch up with the usual conference speaker crew/friends like Mel Carson, Li Evans, Chris Sherman, Teddie Cowell, Sara Anderson, Brian Clifton, Mikkel deMib Svendsen, Bill Hunt, Rob Kerry, Andrew Girdwood, Mike Grehan (geordies!!) and Dave Naylor. But also to get to know better some of Irelands good search marketers at the event such as Dave Davis, Rob Pryce, Chad Gilmer, Jonathan Forrest.

The event went well and if anything was very fast paced with so much content for 1 day. I was lucky enough to be doing 3 panels and the first of the day was Social Search Marketing which we had alot of good content in and were able to ask interactive voting polls of the audience. (The guy on the left is not asleep he was writing some notes!)

One of the results of the pole questions that I asked still sticks in my head, it was the fact that around 60% of the audience only went into their social media account once a week. This was very difficult for someone like me who spends everyday with social media!

After this panel it flowed straight into the next one with no break so I was seen physically running to another room from the stage to moderate the Advance Search Engine Friendly Design Panel with Mikkel, Brian Marin and Teddie. The session content was really good and even let it run for a bit longer as the guys were getting alot of questions asked.

Last but not least for me was the Integrating Search into the Media Plan panel which for me was alot of fun because it is not often I talk about the concept of the integration of TV and Search but more and more now we have to consider the effects and I certainly am for my clients. We can see a direct correlation between TV advertising and how this drive people to online. Some stats I used explained the concept of 67% of offline media advertising will generate traffic to online.


More and more people now surf the Internet while watching TV (I am doing while I am writing this blog!!) the last stat is 57% do. And with the ability now to run hourly reports on your Google campaigns you can see the direct comparison between TV and Search as well as the potential lag factors by industry.

This makes for very powerful marketing data and the ability to refine and drive your campaigns harder with conversion in mind at the right times. It is important after this that you then understand as all good search marketers should how the traffic interacts with your website and the route to conversion including time lag in order to maximise ROI.

All in all the event was a great success and all I heard on the day was positive feedback for the content and organisation of the event.

Will there be one in 2009?? I think there will and I will definitely look to be there.