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Links: When Google Gambles, Do We Call It Goolette?
Posted by Brian Netter on Wednesday, April 14 @ 00:51:06 EDT Trademark
Although the Gmail system has been getting much of the publicity, Google has quietly (and dramatically) shifted its policy on trademarks in its paid text advertisement program, Adwords (Google to sell trademarked keywords). Google's past policy has been to keep certain trademarks out of the auction program entirely to avoid legal controversy, but, says Sheryl Sandberg (VP-global online sales and operations), "[b]y letting people restrict certain words, you're not getting the results that people expect from Google."

I never associated Google's search accuracy with a highest-bidder model, and I don't think that's what Ms. Sandberg intends to imply, but I have to question whether this policy change is entirely wise. Lawsuits are sure to follow (like this one), and frankly, the policy-change makes Google appear insincere. To be fair, the company still plans to regulate the use of trademarks within the text of advertisements, but they're still facilitating the association between one company's product and another company's trademark. Any arguments Google would like to advance about being an innocent third-party intermediary must be damaged by their previous intervention.

 
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Personally... (Score: 0)
by Anonymous on Wednesday, April 14 @ 02:55:44 EDT
I think that such competition is entirely fair. Insofar as these businesses are associated with each other via the ads, it is reasonable to think that they already WERE associated like that (e.g. I think of Ford, Chevy, etc. all as "car markers" and its not due to any misuse of their trademarks).

Honestly, I believe that the trademark should be a rather narrow right--that it should ONLY protect a business from having someone "impersonate" them via the misuse of their marks. Hopefully, judges will see it the same way.


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Re: When Google Gambles, Do We Call It Goolette? (Score: 1)
by JamesGrimmelmann on Wednesday, April 14 @ 08:12:10 EDT
(User Info | Send a Message) http://www.laboratorium.net
I'm surprised at the timing (early dourt decisions on this type question seem to have mostly sided with the trademark holder), but my guess is that Google realized that unless it stood up against trademarks, it was in danger of being backed into an untenable corner. Almost everything is a trademark in some context; Google could find it self having to deal with zillions of small trademark disputes. The more they can say they don't care about trademarks, the better.

As for the previous intervention damaging their position in future suits, well, that's a good point -- but it's never too late do to the right thing.


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