Google Confidential and Proprietary

Trademarks on the Internet: Problems and Solutions

Terri ChenSeptember 2012

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Agenda

• Introduction to Google

• Trademarks and Intermediary Liability

• Google’s Approach: Trademark & Counterfeit Policies

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Introduction to Google

• Brand Owner

• Intermediary Platform

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Trademark & Intermediaries

• Trademark law focused on consumer protection from confusion over source of products/services

• Linguistic monopoly over common words and phrases• Complexities with multiple owners of same mark across

different lines of commerce and jurisdictions (eg DELTA)• Different from copyrights • Intermediaries not in position to be trademark judges • Harm of incorrect takedowns: stifling legitimate speech,

commerce and competition (resellers, comparative claims, gripe sites, critical product reviews, parodies)

• We take a balanced approach for appropriate platforms

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Online Advertising: Google AdWords

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•Keyword: In most countries policy allows ads to display against a keyword that is a trademark.

•Ad Text: In all countries policy prohibits display of ads incorporating third party trademarks in ad text (upon a valid complaint submitted by the trademark owner).

• Limited Exception: in the US, CA, UK and IE, resellers and informational sites can use a TM in ad text without a TM owner’s authorization if they meet certain criteria.

AdWords TM Policy Overview

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Google’s policy prohibits the sale or promotion of counterfeits in AdWords program

-Counterfeiters cause a bad user experience and cost us resources

-Google uses a combination of automated and manual reviews to detect violations and enforce policies

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

-Google wants to work collaboratively with brand owners tobetter identify and deal with counterfeiters

AdWords Counterfeit Policy

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Different Issues at Stake. Different Policies.

AdWords Trademark Policy• Use of a third party’s trademark in an ad (as a keyword or in the ad text) to promote genuine goods.• May be permissible subject to AdWords Trademark Policy.

AdWords Counterfeit Policy• Relates to ads that promote counterfeit goods. No use of a trademark in connection with an ad is necessary.• NEVER permissible.

AdWords Trademark Policy v. Counterfeit Policy

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Proactive Efforts

Proactive •Ongoing efforts to continually improve counterfeit efforts due to counterfeiters attempts to avoid detection •Combination of automated and human review•Automated tools to detect advertisers and ads promoting counterfeit goods•Risk models to catch repeat offenders trying to abuse system •95% of accounts terminated on counterfeit grounds as a result of detection by our automated tools

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Reactive Efforts

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YouTube Trademark Complaint

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YouTube Counterfeit Complaint

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Free Speech/Parody

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Non-Trademark "Use"

 

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Questions?