Use of names and trademarks in Google Adwords etc

[Garry H (Cut Nut)]

All you bright well informed folk - is it legal to use google adwords from other companies registered trademarks and personal names?

 

[neatfreak]

My husband says that you aren''t supposed to, and that Google got sued at least once because people were doing it. But he doesn''t know of the outcome of the case.

 

[perry]

It is going to depend on the context of how you use the name.

In the vast majority of cases you can use a trademark name as long as you appropriately note it as a trademark of the appropriate corporation.

An example that would be legal: For Sale a Zinew* whamdingly 3.

* Zinew is a registred trademarke of the Whamdingly company.

There is actually a special "R" symbol that you can use as well that makes it more clear.
But you are legal as long as you appropriately note that this is a registred trademark - and who it belongs to.

Study any comarison advertizing by major companies and you will see them properely referencing their other companies trademarked names.


Perry

 

[Garry H (Cut Nut)]

Perry, specificaly - if someone uses my name as a paid name in an Adwords campaign?

I do not think I need to be Garry Holloway(tm)

(BTW TM is a free right like (c) and (r) is something that you must register which i think means you can fight out in a court that gives the registered party the upper hand.)

 

[perry]

Garry:

Copyright is now recognized in the U.S. without having to file a document and pay a fee with the Librarary of Congress (it used to require that as my dad used to file for copyrights on the maps and otherthings he did). All you have to do to claim copyright is to state that your work is copyrighted up front. If you don''t - there may still be some copyright rights.... but it is a real messy situation.

I am not sure if that applies to Trademarks and Registrered names. It used to be that you had to file those as well. I don''t know if the laws changed like they did on Copyright.

But, I am sure with some internet searching on those subjects that you would find the answers.

Also, different countries have different laws.


As far as what is a violation and enforceable in court....

I am not familiar with a "Paid Name" in "Adwords"

Along with the Copyright, Trademark, and Registered name is a concept of identity theft (someone misrepresenting that they are you). The laws are not as clearly well developed on that issue - but people have won on it.

Again - it also depends on the Context:

For sale: Idealscope. "Developed by the famed consumer diamond grader Garry Holloway" is quite legal within the U.S.

"Garry Holloway says......." is also quite legal as long as the following quote is something you actually said.

In the end you will need to contact a good lawyer on these issues in the jurisdiction for which the case must be filed. Most companies can only be sued in a specific jurisdiction.

Perry