Google shakes the foundations of trademark law on the web
Posted: Sun Jan 19, 2025 3:22 am
Experts warn that a new Google technique that will allow online retailers to use other brands' names in advertising could undermine the current configuration of trademark rights, generating user traffic and bidding associated with a name completely unrelated to the owners of the brand.
In June, the search giant will change its current 99 acres data trademark policy in the United States, allowing advertisers to highlight certain brands in order to advertise terms associated with them, meaning they can rely on certain brands to sell an additional, unrelated service, a new way of doing business that is also expected to cross the Atlantic.
Google had already relaxed its AdWords rules, sparking a bidding war that ended up increasing the final price of each keyword by 50%.
“It will be a hard job to protect the integrity of the brand. Someone could try to divert traffic. A big brand like Adidas, for example, would have to contact all retailers to control their marketing messages,” says Ryan Scott, director of TwentySix.
"Big brands will suffer the most as the cost of links will go up. Half of all browsers currently visit brand websites but far fewer will do so with this change," said Duncan Fisher, director of the Latitude agency.
For Martin McNulty of the online marketing agency Trafficbroker, Google's decision to relax the rules on the use of trademarks in the United States aims to legitimize retailers but is a blow to producers.
"Google's rules don't appear to allow competitors to exploit their rivals, but there are plenty of grey areas. To prevent abuse, companies will need to build more sophisticated systems to track brands across searches."
In June, the search giant will change its current 99 acres data trademark policy in the United States, allowing advertisers to highlight certain brands in order to advertise terms associated with them, meaning they can rely on certain brands to sell an additional, unrelated service, a new way of doing business that is also expected to cross the Atlantic.
Google had already relaxed its AdWords rules, sparking a bidding war that ended up increasing the final price of each keyword by 50%.
“It will be a hard job to protect the integrity of the brand. Someone could try to divert traffic. A big brand like Adidas, for example, would have to contact all retailers to control their marketing messages,” says Ryan Scott, director of TwentySix.
"Big brands will suffer the most as the cost of links will go up. Half of all browsers currently visit brand websites but far fewer will do so with this change," said Duncan Fisher, director of the Latitude agency.
For Martin McNulty of the online marketing agency Trafficbroker, Google's decision to relax the rules on the use of trademarks in the United States aims to legitimize retailers but is a blow to producers.
"Google's rules don't appear to allow competitors to exploit their rivals, but there are plenty of grey areas. To prevent abuse, companies will need to build more sophisticated systems to track brands across searches."