Reason #847 Why Lawyers Love The Internet
Anne Holland's solid MarketingSherpa newsletter points out some extraordinary stats on trademark violations in the paid search space.
This month, [NameProtect(R)] analyzed the paid search ads that appeared on Yahoo! and Google against the trademark terms associated with America's top 100 brands (as ranked by Interbrand and BusinessWeek).
- 92% of the top 100 brands had third-party ads appear in search results against their names.
- Of these paid search ads, 98% included the actual brand name in the ad. So the trademarked brand name was in the text of the third-party ad. (This is a critical factor in determining whether the sponsor is violating trademark rights.)
- 45% of the ads were for directly competitive and potentially unlicensed offerings. Others were for related offers.
- Just 7% of the paid ads were placed by the actual brand owner.
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