Keyword AdvertisingAIPPI FORUMSession II: Trademarks and the Internet –comparison web sites, meta tags, keywords, the Google keyword policy and other current issuesBuenos Aires, Argentina

Maria BaudinoSenior Corporate Counsel, Latin AmericaGoogle Inc.

Who Uses Keyword Ads and How They Work

Who uses keyword ads and why?

Almost everyone who advertises online

Trademark owners

Keywords enable advertisers to target relevant consumers (self-identified)

Users enter queries into search enginesAdvertisers select keywordsKeywords trigger the display of ads

Advertisers may choose different matching options

• Exact match• Phrase match• Broad match• Negative keyword

How keywords work

Type of matching selected

Will match these queries

Won’t match these queries

Exact matchKW=shoes

shoes Tennis shoesShoe

Broad matchKW=shoes

ShoesTennis shoesNike shoes

Tennis

Phrase matchKW=red shoes

Red shoes Shoes redRed tennis shoes

Negative keywordsKW=shoes-Nike

ShoesTennis shoesAdidas shoes

Nike shoes

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Query: hotels

Ads (sponsored links) triggered by keyword “hotels”

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Examples (Yahoo!)

Query: Bank of AmericaAd text: Bank of America® Checking www.bankofamerica.com – Learn about great benefits without the fees –visit the official site.

TM owner

ad

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Examples (Bing)

Query: Iams

Ad text: Iams – www.Iams.com/ProActive-HealthPromote healthy digestion & strong defenses with new Iams PreBiotics

Reseller Ad

Why is this a trademark issue?

Trademark owners do not like to see competitors’advertisements appear

Some trademark owners object to resellers using the mark as a keyword

Some trademark owners do not allow franchisees or affiliates to use the mark to advertise in competition to the trademark owner

Google’s Policies

Google provides advertising space; it does not sell keywords

Advertisers are responsible for their choice of ad text and keyword triggers

We do not monitor keyword use of our TMs because we do not believe such use is an infringement

Google created TM complaint procedure to try to balance the interests of TM owners, advertisers and internet users

General Concepts

Upon receipt of a reasonable complaint from a trademark owner,Google will conduct a limited investigation• The investigation will only affect ads served on or by Google• Google’s policy does not apply to search results• Google’s policy does not apply to marketplace sites, which

have their own policies and procedures for dealing with counterfeit items

• Google encourages TM owners to resolve their disputes directly with the advertisers

• If an investigation finds TM infringement, Google will require advertiser to remove TM and prevent future use• Disapproved advertisers will create new accounts using

new URL’s, making it difficult to identify repeat offenders

Google’s TM Complaint Procedure

Google’s policy prohibits the sale or promotion of counterfeitgoods• Google does not want counterfeiters advertising on its site – it

causes a bad user experience• Google wants to work collaboratively with brand owners to

better identify and deal with counterfeiters

Ads explicitly promoting the sale of counterfeit goods will beflagged for review and disapproved

Google uses a combination of automated and manual reviews todetect violations and enforce policies

Google’s new, streamlined, online procedures makes it easier forbrand owners to report counterfeiters

Counterfeit Goods Policy and Procedure

Sponsored links increase the volume and richness of information available to internet users and enable them to make informed choices

Sponsored links services are central to the health of the information society

Sponsored links services allow website owners of all kinds to reach a wider audience

Google's Perspective

Questions?