GEICO vs Google Ads: Google Wins 205
abertoll writes "A federal judge decided that Google is able to sell ads under the GEICO trademark, claiming that this is fair use of the trademark. GEICO's contention was that competing insurance companies were using the name GEICO under which to buy Google Ads, so that when someone searches for GEICO, their ad would come up."
Better Stick (Score:5, Insightful)
Moreoever it's quite widely recognized that companies are allowed to use/refer/compare other competitors under the terms of fair use, how else are companies going to mention competitors' products without infringing a TM?
The judge said that "as a matter of law it is not trademark infringement to use trademarks as keywords to trigger advertising".
Does that mean that it's okay to use "BesidesGoogle.com" or "BetterThanGoogle.com" for another online search engine service? Since it's only promoting fair competition as argued by Google. And domain name is simply a form of advertising keywords that people use to find a product.
or googlegear... (Score:2, Interesting)
Re:or googlegear... (Score:3, Informative)
Re:or googlegear... (Score:2)
Re:or googlegear... (Score:2)
Re:or googlegear... (Score:2, Interesting)
Re:Better Stick (Score:5, Interesting)
Moreoever it's quite widely recognized that companies are allowed to use/refer/compare other competitors under the terms of fair use, how else are companies going to mention competitors' products without infringing a TM?
I wonder if there's going to be a repeat of this sort of law suit in some other country. After all, Google is an international business, and for instance in the Netherlands it is not allowed to mention competitor's products in advertising.
Re:Better Stick (Score:5, Informative)
For example: this story [weboptimiser.com]
So as happy as we are about this ruling in the States, it looks like France isn't so keen on letting companies bid on their competitors' trademarks.
I don't know how this influences broad-match type scenarios, though. What happens if somebody searches for "(trademark term) cars", and a competitor buys "cars" rather than the trademarked term? This seems like it would be prohibitively difficult to stop.
Clarification of French Advertising Law (Score:4, Informative)
As grim as it sounds, I think that you first have to understand the law in that country first...
AFAIK and IANAL/JNSPUA (Je ne suis pas un avocat), but French law dictates that all advertising cannot be comparative, ie, Evian can't say they're better than Perrier, for example. They have to use non-comparative sales tactics.
So, naturally, extending this policy to the internet, when you lookup GEICO in this case, you should not expect to see their competitors (assuming search == advertising in legal terms). And cosumers in those countries would not expect to see it either.
Re:Clarification of French Advertising Law (Score:2)
Dude, I'n not an avocado either. Hardly anyone in Slashdot is (since JonKatz left). But I don't see the relevance here.
Comparative or directly comparative (Score:2)
Is this allowed in other countries? I do know that I'm seeing more directly comparing commericals nowadays, but that could just be the US sat stations...
Re:Comparative or directly comparative (Score:2)
We see that a lot in the UK too. Not because its any more legal than mentioning the "leading brand" by name (in the UK, any comparisons have to be backed up with solid evidence), but because the advertisers hope that by not mentioning a specific competitor, noone will challenge them on the claim.
Re:Clarification of French Advertising Law (Score:2)
Playing charades using internet advertising would be extremely difficult, of course, a similiar looking gecko would be a good start.
Re:Better Stick (Score:3, Informative)
Re:Better Stick (Score:2)
However, most advertising agencies have realized that 'any publicity is good publicity' and don't want to pay to advertise their competiors. Pepsi learned this the hard way in the early 90s by running a lot of adverts comparing it to Coca-Cola and got their hands burnt by building much more mindshare for Coca-Cola - it was getting advertised by Pepsi aswell as Coca-Cola
Re:Better Stick (Score:2, Informative)
So, with that definition in mind, I think a domain name does give an indication of the source of goods, and www.googlesucksadonkey.com would not be valid for a search engine name...
Coincidence? (Score:5, Funny)
Yo! I think... (Score:2)
"Yo. I think it would be the googlebomb if you had the gecko getting beaten over the head with a subpoena while attempting to do the robot."
I can see the commercials now. (Oh dear, wait'll they find out about the rendering engine for Mozilla...)
Try this search... (Score:2)
I entered Google's AdWords administration (the place to buy a "Geico" or "Google" advertisement) and they seem to let me buy ads in the results for "Google" as well as suggesting "google adwords", "google toolbar opera", "google pay per click" and others that actually serve up ads....
Alas it doesn't seem that you can buy "Google" ads.
Re:Better Stick (Score:3, Interesting)
if domain squattig is bad, why not trademark squatting?
if there's one thing that's more annoying than the whole patent/trademark/copyright mess, it's the sleazy companies that try peddling their 2nd rate rip-offs on the back of confusion. c.f. "buy g3n3ric v1a.g.ara.!!!!!"
Re:Better Stick (Score:2)
Adwords is an auction, so if a company pays top dollar to be #1, another company can outbid them to get control of the word.
We're not talking about Viagra spammers. We're talking about when you put in a name like "Pepsi" and you also find ads for "CocaCola", "RC Cola", and all the others.
Re:Better Stick (Score:2)
This ruling is terrible. Google didn't "win," the consumer lost. Are you searching for a name_brand_whatever now be prepared to get hit with nice and highly-misleading ads from 2nd rate peddlers. More Sorny's and Margnetvox's for Xmas!
Seriously, these kind of things are a failure to control advertising and have responsible marketing. I often have elderly relatives tell me "what is this check for" when they get junk mail in the form of a fake check. Or when telemarketersspammers
Re:Better Stick (Score:2)
Really, competitors have been doing this for years less-obviously. Ever buy a brand-name product at a grocery store and get a register coupon for a competing product? Same thing.
Re:Better Stick (Score:2)
But you can't just stick to trademarks, as they are somewhat dependent on their target market. "Windows" is trademarked by Microsoft as it applies to the computer industry. "Apple" is trademarked by Apple as it applies to the computer industry, and by an e
Re:Better Stick (Score:2)
One thing to keep in mind.... (Score:5, Funny)
Google for president.
Re:One thing to keep in mind.... (Score:3, Interesting)
Now write 100 times "google is a corporation now"
Btw am I the only one disillusioned that google seems to concentrate on flashy new services (kitchensink.google.com) and less on improving their search algorithm. I know that the growth of the web makes it more and more difficult but google fails to provide even simple things like a possibility to filter out blogs or removing the most blatant dialer pages (y
Re:One thing to keep in mind.... (Score:2)
Wow! (Score:2, Funny)
Could this be the start of a trend in which news moves at the pace of slashdot?
Re:Wow! (Score:2)
Re:Wow! (Score:2)
Re:Wow! (Score:2)
Recently I went and bought my wife a nice min-van that she drives about 20 miles per-week. Geico raised my payment to around $1,700 every _6_ months. From about $1,200 a year to $3,400 a _year_ for a Mini-Van with a _perfect_ driving re
Re:Wow! (Score:2)
You mean misspelled, late, and duplicated a few times?
Next Play (Score:3, Informative)
Seriously. I'd like to say this is the stupidest lawsuit ever, but there's been a rampant stupidity in the courts.. well, for as long as I can remember.
Re:Next Play (Score:2, Insightful)
Re:Next Play (Score:2)
it's not as stupid as you make it out to be.
Re:Next Play (Score:2)
Re:Next Play (Score:2)
Sure, if they were handicapped by your limited thinking skills, they would. (just kidding, it's a joke)
When I'm looking for anyone who competes with a known brand, e.g., Geico, I'll both type in Geico to see who else comes up in their niche, and go to Dmoz or Yahoo a
How does this case come out against Yahoo!? (Score:5, Interesting)
Nevertheless, it seems like the right result to me. It is difficult to imagine there is any consumer confusion when using a web search engine like Google. You enter any word, even a brand name, and you expect there to be at least a few hundred totally irrelevant results. In Google's case, you expect there to be irrelevant results including insurance companies unrelated to Geico.
Re:How does this case come out against Yahoo!? (Score:5, Insightful)
For example, if you search for "Geico" on Yahoo you see that the ad text says things like "instant quotes from insurance companies that compete with Geico." This is an example of comparative advertising that Overture allows.
Google, on the other hand, is much looser with what they'll allow in ads, to some degree because they have less human editor intervention and more algorithmic relevance scoring. Their business philosophy is more free marketplace/large volume oriented.
So this is one reason you'll see companies go after Google rather than Overture. They're lower-hanging fruit.
Re:How does this case come out against Yahoo!? (Score:2)
Re:How does this case come out against Yahoo!? (Score:2)
Does this mean that it's okay for everyone? (Score:5, Interesting)
Re:Does this mean that it's okay for everyone? (Score:2, Insightful)
The sword of justice has two edges.
KFG
Re:Does this mean that it's okay for everyone? (Score:3, Interesting)
Spamming search results is not the same thing as having an ad next to the search results.
Re:Does this mean that it's okay for everyone? (Score:2)
Our company got a cease and desist from Google for using another company's name in our keywords.
In your AdWords keywords, or your site's META keywords?
Re:Does this mean that it's okay for everyone? (Score:2)
I can see the validity of insurance companies using GEICO as an ad keyword, but if you key your random widget ad to "Pamela Anderson video" I wouldn't be surprised if Google rejects it.
Re:Does this mean that it's okay for everyone? (Score:2)
Re:Does this mean that it's okay for everyone? (Score:2, Informative)
Our company put the name of our biggest competitor in our keywords so that if someone search for that company, our ad would show up. Google told us in legal form to stop.
Re:Does this mean that it's okay for everyone? (Score:3, Interesting)
However I think the google stance still makes since from their point of view. The there are two ways they can stop people from using competitors as keywords. 1) filter before hand 2) yell a complaint is filed. If they do #2, which is the easy way, they might still get sued for allowing it in the first place, unless the courts say it's legit. Even if the courts
Hypocrisy? (Score:3, Insightful)
Now, I understand the ads are on the right side but the home page summary looks very bland on the search result, while the ad on the side is more attractive and the customer might go there instead.
Re:Hypocrisy? (Score:5, Insightful)
if I search for a specific brand, all the other brands saying "me too" piss me off. when searching for an official accessory, I don't want to see the million third-party companies selling shoddy rip-offs.
ymmv.
Re:Hypocrisy? (Score:2)
So long as they are in their little pen on the side and not in the actual search results, I don't mind at all.
The ones polluting searches with their worthless spam, however, are a different matter.
Re:Hypocrisy? (Score:2)
It wouldn't be unheard of for that third party company to be selling something less shoddy than the official product
Re:Hypocrisy? (Score:3, Interesting)
Then Google AdWords is doing you a huge favor! If you enter "Geico", and you see an ad for "AAA Fly-By-Night Auto Insurance & V1a6ra Outlet", you know that they think it's appropriate to buy Geico's name. As an informed consumer, you can then make an informed choice.
Another example: I just did a Goo
Re:Hypocrisy? (Score:2)
Yes, but should it be illegal?
Re:Hypocrisy? (Score:2)
Thanks for being one of the few level thinkers out there.
Google is a business, and they have a hell of a lot of rights to run their search engine how they see fit. If people don't like seeing results from other companies when they search for a specific brand, they should switch search engines. There are other good search engines out there.
Heck, Google isn't forced to index GEICO's website at all.
Re:Hypocrisy? (Score:2)
Re:Hypocrisy? (Score:2)
Re:Hypocrisy? (Score:2)
What has gator done that was similar to accepting a competing company as a keyword to generate an onubtrusive ad on the side of the search results in their own, free web page?
All Gone (Score:2, Interesting)
Re:All Gone (Score:1)
correlation? (Score:3, Insightful)
Let's ask our lawyers!
save 15% or more (Score:4, Funny)
A Distasteful Tactic (Score:1)
I would respect Google more if they did not use that kind of advertising, even MSN search only comes up with Redhat related ad results when you search in it.
A Distasteful Practise (Score:2)
But... why would you??
GEICO vs Google Ads: Google Wins (Score:1)
Of course I didn't RTFA (Score:4, Insightful)
Google shouldn't have to babysit every ad that is sold. At the same time, the article summary gives the impression that Google is allowed to advertise themselves using a trademarked name, but Google is just selling ads to whomever will buy them and allowing these users to place whatever text they want.
I would be willing to bet that there is trademark infringement, but Geiko is going to have to go after the companies that are buying the ads.
You know, this seems very similar to the whole P2P argument going on. The *AA are trying to stop the vehicle of p2p when it can be used for good or evil when they should be going after the specific infringers. This seems very similar. Google just provides a vehicle for advertisement. This can be used for good or evil, but Google should not be held liable for the evil of others. And I almost wish this could be used as a sort of precedence, but I don't think our legal system would understand the logic.
Nevertheless, I digress...
Its all about advertising (Score:2, Insightful)
The bad news is (Score:2, Funny)
The good news is I made hundreads using google stocks.
Already Someone Bandwagoning On This (Score:5, Funny)
It's Only Me, Dave Pell
I'm taking advantage of a popular
case instead of earning my traffic.
Cute. So cute I felt compelled to click on the ad once just because I knew he'd get billed for it by Google at the end of the month.
Re:Already Someone Bandwagoning On This (Score:2)
ITS A JOKE. Read the guys BLOG. "Most expensive joke ever"
But now... who will GEICO go after? (Score:1)
GEICO vs the Advertisers: who wins?
I have an insurance website, we do not use trademark names of insurances we sell in fear they sue us. To me it doesnt make sense, in the end you are helping them sell more, but insurance companies have this kind of philosophy.
I dont know GEICO (I guess it's US based), but say I was selling GEICO insurances, and I used Google adwords... now that GEICO cant go after Google, what prevents it from going after me?
Good news for GEICO (Score:3, Funny)
I'm a little unsure why they sued google (Score:3, Interesting)
Re:I'm a little unsure why they sued google (Score:2)
And the Lord broke the sixth seal... (Score:3, Funny)
...and a federal judge made a ruling with computers involved that made sense.
My business also targets competitor keywords (Score:5, Interesting)
After all, it wasn't too long ago that it was ruled okay to refer to your competition in an advertisement (like Coke mentioning Pepsi, etc.), so this is just another example of the same thing.
Also, even in the non-targeted (non-paid) results, you'll often find multiple competing products, simply by virtue of similar characteristics and reviews of multiple products on a given page.
Geico is cheap (Score:5, Interesting)
Guess what, even then my ad was placing 2nd or 3rd on the list, for a nickel!
If Geico is so bent up about people searching their name finding other competitors, why don't they just pay for some ads on their name themselves. Its not like it costs a mint, and they are rich bastards.
Re:Geico is cheap (Score:2)
What if it were agents of Geico who paid for the ads? What if it were related services (e.g. autobody repair, new car sales)? What if it was a customer that Geico doesn't pursue (e.g. Europeans)? Further, if Geic
Re:Geico is cheap (Score:2)
In other news... (Score:2)
Affleck lost the case to AFLAC, 4 to 2.
Re:In other news... (Score:3, Funny)
The AFLAC duck then sued for defamation, claiming that being associated with Affleck diminished any chances of being taken seriously as an actor. He was awarded $10 million.
I wonder if (Score:2)
Impact for domain names (Score:2)
Good decision (Score:2)
How much... (Score:2)
Geico routinely sues (Score:5, Informative)
It's funny though because they took the domain http://geicosucks.com [geicosucks.com] from someone and decided to point that domain name to the same ip address as geico.com. So you can get a quote and everything from geicosucks.com. They could have done a simple redirect but their internet "expert" claims that they would have to get another $10K web server in order to do a redirect from geicosucks.com to geico.com
Of course the PHBs won't listen to anyone but the buttmunch who insists that they'd need a new server for a redirect. Funny how the useless and clueless IT people end up in managment.
Re:Geico routinely sues (Score:2)
Ok, where's the punch line? (Score:2)
What's good for the googler... (Score:2)
This is nothing new in the brick and mortar world (Score:2)
I buy pampers, and a Huggies coupon pops out.
What's the big deal? Litigation for litigations sake, and the low possibility that they'll win, meanwhile they (both sides) get lots of press and the people who already love google or geico will side with their brand. People who don't will be branded and will recognize the name later but probably not the reason they remember the name.
It's an expensive advertising campaign at best, and
tiny house (Score:2)
It makes sense that Google won (Score:2)
Google is not a public resource, no matter how beneficial they are to the online community.
New GEICO Ad Transcript (Score:2, Funny)
Lawyer: I just got back from the court where the judge issued the ruling today, and I have great news!
Exec: We've been awarded damages from Google?
Lawyer: I just saved a load of money on car insurance by switching to GEICO!
Sensitive About Trademarks (Score:2, Informative)
And yet PlayBoy is protected? (Score:2)
Re:And why not? - PARENT NOT INSIGHTFUL (Score:2)
same principle. Society wins when trademarks are not unfairly diluted. Google can have whatever the heck business model it wants, but it should not be based on diluting trademarks and service marks - that's not fair (or legal, in general - it's no
Re:This will definite hurt the small guy. (Score:2)
Re:GEICO is evil (Score:2)