French Court Fines Google Over Trademarks
from the the-French-sure-don't-like-these-American-search-companies dept
What is it about French courts and American search companies? It wasn't that long ago that they were declaring Yahoo's CEO a war criminal because he wouldn't stop the American Yahoo site from selling old Nazi paraphernalia. Now, they've struck out at Google for the practice of letting people buy text ad keywords for trademarked terms. Google says they're going to appeal. What I find amusing about this is that Google, in the past, has shown that they have no problem banning trademarked keywords. In fact, with some of our own experiments in buying ads on Google, Techdirt had one of our ads rejected because a trademark holder complained. I still don't see how this is, in any way, a violation of trademark law. Just because you buy the keyword, it doesn't mean that anyone is going to confuse you with the trademark holder. If, indeed, you pretend to be the trademark holder (the whole reason trademark law exists), it's a different story. But, if you just want a competitive ad to show up, that shouldn't be a violation of trademark.
Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.
While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.
–The Techdirt Team
Reader Comments
Subscribe: RSS
View by: Time | Thread
They're doing this on purpose....
The French have to be doing this on purpose. First, they violate treaties testing nuclear bombs in the South Pacific. Then they get the US all angry with them (at least enough to change "French Fries" to "Freedom Fries",) and then start picking on Google. I think they're trying to be so much like North Korea so that Bush will add them to the axis of evil (because they want to fit in some how and they feel that the rest of the world isn't giving them the respect they deserve.)
Oh, well, someday I'll have to tell my kids that my high school required me to take a dead language called "French". Right up there with "Latin" if you ask me. I wish they had allowed me to take Japanese, I'd get far more use out of it.
[ link to this | view in chronology ]
Sure you can buy a Google Trademark/Servicemark ke
If Google is not allowing Trademark or Servicemark keywords to be purchased by non-owners, what's the problem or issue here? If they are going to allow anyone to purchase ads for "Xerox" or "Kleenex" or "Pampers", they're in for quite a fight.
Have I misunderstood this article's intent?
[ link to this | view in chronology ]
Re: Sure you can buy a Google Trademark/Servicemar
What's wrong with that?
If I posted an ad that implied I was Kleenex, or selling Kleenex, then you have a point. However, if I'm just pointing out alternatives, there's no confusion.
The point of trademark is to prevent confusion. It's to prevent me from telling you I'm selling Kleenex and then selling you Puffs instead. But, I'm not doing that in this case. I'm seeing that you're looking for Kleenex, and telling you "hey, you might want to look at Puffs also!"
There's no confusion. It's just marketing.
[ link to this | view in chronology ]
Re: Sure you can buy a Google Trademark/Servicemar
I mean to me it seems like that.
I'm pretty sure that someone who call the lawyers at that point.
On the other hand there's nothing wrong if you buy the keywords "Facial tissues" and then advertise said Puffs.
[ link to this | view in chronology ]
Re: Sure you can buy a Google Trademark/Servicemar
In doing so you attempt to use the brand image, awareness and goodwill that the trademark owner has created (possibly at great expense) to your own advantage without compensating the trademark owner and potentially diluting the value of their trademark.
[ link to this | view in chronology ]
Re: Sure you can buy a Google Trademark/Servicemar
If you took out keyword ads for "tissue", you wouldn't be violating any copyrights. Couldn't say the same for "windows", thought...
[ link to this | view in chronology ]
Re: Sure you can buy a Google Trademark/Servicemar
Your argument makes sense for copyright, but not for trademark.
[ link to this | view in chronology ]
Re: Sure you can buy a Google Trademark/Servicemar
[ link to this | view in chronology ]