Is Buying A Google Ad On Your Competitors' Name A Privacy Violation?

from the only-in-the-world-of-lawyers dept

Wed, Mar 31st 2010 2:03am — Mike Masnick

We've seen tons of lawsuits from companies upset that their competitors were buying ads on their trademarked brand names. Obviously, these tend to be trademark disputes, and the suing companies rarely prevails, since most courts seem to realize that buying ads on competitor trademark keywords is perfectly legal, so long as the ad isn't confusing. But, sometimes the arguments get quite bizarre. JJ sent over an article about two personal injury law firms in a legal fight over Google advertising -- but the (initial) twist here is that the one firm is claiming that it's a violation of Wisconsin state privacy laws to buy keywords based on the names of the partners in the firm. It's difficult to see who's privacy is being violated here. And, of course, to make the case a bit more exciting, the defendants surprised everyone in court by doing a search on YellowPages.com for their own law firm -- and having an ad for the plaintiff show up. So, now the defendants are claiming that the plaintiffs have "unclean hands," since they appear to be doing the exact same thing they've accused the defendants of doing. It sounds like quite a trial...

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Filed Under: privacy, trademark, wisconsin
Companies: google

17 Comments

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Anonymous Coward, 31 Mar 2010 @ 2:30am

Sure, why not...
In a world filled with so many outrageously stupid ideas, what's one more stupid idea on the pile?
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Anonymous Coward, 31 Mar 2010 @ 3:26am

Look, its like this - when we do it, its sex, when you do it, its rape
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Anonymous Coward, 31 Mar 2010 @ 3:34am

Who cares?
Only paranoid assholes would do that.
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Anonymous Coward, 31 Mar 2010 @ 3:36am

But if you want to buy webspace on my new website, MikeDirt.Com, I won't stop you.
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Unclean Hands, 31 Mar 2010 @ 5:05am

Wow, that is cheesy
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btr1701 (profile), 31 Mar 2010 @ 6:00am

Laches
> the defendants surprised everyone in court by
> doing a search on YellowPages.com for their own
> law firm -- and having an ad for the plaintiff
> show up.

I'd love to watch the plaintiff's lawyers try and spin that one.
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Nastybutler77 (profile), 31 Mar 2010 @ 11:01am

I love the smell of litigation in the morning!
Is there anything better than one law firm suing another? Way to tie up the court system for your pissing match!
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ike, 31 Mar 2010 @ 12:17pm

Interesting Argument
Interesting! Buying ad words for your competitor's names gives you an indication as to how many people are searching for the name of your competitor. Knowing the relative popularity of your competitors could be useful information. You might also be able to get the IP addresses of the searchers (although maybe not with Google's service).

Is that worth suing over? Of course not.
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BearGriz72 (profile), 31 Mar 2010 @ 1:12pm

"The first thing we do, let's kill all the lawyers"
William Shakespeare, King Henry VI Part 2 - Act IV, Scene II (Dick the butcher)
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Jake, 31 Mar 2010 @ 2:32pm

I suppose it depends how you use the keyword, but if their names aren't publically associated with the company in some way -in the name under which they trade, on the 'About Us' page on the website and so forth- then I could see it being a technical violation.
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Glenn, 1 Apr 2010 @ 7:59am

TV?
Sounds like an episode of some TV show about lawyers... one of the mostly comedy ones (which I won't mention here--don't want to be sued :D).
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auto repair, 17 Sep 2010 @ 1:44pm

auto repair
Well, i'm at least happy to hear that the lawsuits typically don't accomplish anything. This is a case where common sense and wise/ethical business tactics should come into play.
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Josh, 11 Oct 2010 @ 1:04pm

I think that it is
I really do feel that if you are using your competition's name in your ad and that is how people are finding you then maybe it is not the best idea to try and add business by going that route. I think that really isnt going to get you the best ROI or really good name to go with your company. For sure try and think of a different route the next time you decide to promote your business online. www.theaterspecialtieslv.com
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Ginny Crandall, 11 Oct 2010 @ 1:42pm

nice
Now this is kind of funny. I've never thought of anyone buying the keywords that would lead to someone else, and using them against them, but I suppose it is possible. It makes me laugh, though, that's for sure.
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tow, 23 May 2012 @ 10:31am

Who cares a different route the next time
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George, 16 Dec 2012 @ 9:40pm

hm...
the answer: yes, would do the same.
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Max, 1 May 2013 @ 4:40am

best ROI or really good name to go with your company
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