Comments on: Judge: TradeMarked Keywords Aren’t TradeMark Violations http://www.revenews.com/search-engine-marketing/judge-trademarked-keywords-arent-trademark-violations/ Discussion of Online Marketing, SEM, Social Media, Mobile and Video, Micro-Content, and Affiliate Marketing Thu, 09 Feb 2012 21:59:00 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: Carsten Cumbrowski http://www.revenews.com/search-engine-marketing/judge-trademarked-keywords-arent-trademark-violations/#comment-3801 Carsten Cumbrowski Thu, 05 Oct 2006 00:31:03 +0000 http://revenews.contentrobot.com/?p=784#comment-3801 Good point David. Laws are only there to cover what you do not write into your contract or terms and conditions. You can specify in your contracts whatever you want, as long as you don't add to it something that is AGAINST the law. Even if an item in your contract is against the law (what should only happen if a new law gets passed that addresses an item in your contract) and thus renders it useless, the rest of the contract remains valid. Just to make sure, add to any contract that you have a "severability" clause in your contract that ensures that. I am not a lawyer so please consult your legal adviser for details. Good point David. Laws are only there to cover what you do not write into your contract or terms and conditions. You can specify in your contracts whatever you want, as long as you don't add to it something that is AGAINST the law.

Even if an item in your contract is against the law (what should only happen if a new law gets passed that addresses an item in your contract) and thus renders it useless, the rest of the contract remains valid. Just to make sure, add to any contract that you have a "severability" clause in your contract that ensures that.

I am not a lawyer so please consult your legal adviser for details.

]]> By: David Lewis http://www.revenews.com/search-engine-marketing/judge-trademarked-keywords-arent-trademark-violations/#comment-3800 David Lewis Tue, 03 Oct 2006 18:01:21 +0000 http://revenews.contentrobot.com/?p=784#comment-3800 In affiliate marketing, people often confuse the issue of legality with the Terms and Conditions of a merchant's program. Whether legal or not, merchants can (to their own detriment) ban all publishers from bidding on their trademarks. With this ruling, merchants should ask their value added presellers to bid on their TMs to keep their competitors out. As always, we're here to help and provide a value-added service. In affiliate marketing, people often confuse the issue of legality with the Terms and Conditions of a merchant's program. Whether legal or not, merchants can (to their own detriment) ban all publishers from bidding on their trademarks.

With this ruling, merchants should ask their value added presellers to bid on their TMs to keep their competitors out.

As always, we're here to help and provide a value-added service.

]]> By: Carsten Cumbrowski http://www.revenews.com/search-engine-marketing/judge-trademarked-keywords-arent-trademark-violations/#comment-3799 Carsten Cumbrowski Sun, 01 Oct 2006 01:07:10 +0000 http://revenews.contentrobot.com/?p=784#comment-3799 That's the law here in the US. Competitive Advertising is okay and brought us the "famous" Pepsi Challenge which became a "Pepsi vs Coke War" on public television. This kind of Advertising is not allowed in some other countries like Germany. A ruling there will look different and will come, if it didn't already. It really comes down to how the trademark is used by the party that does not own it. It is only fair to apply the same THOUGHT that are the basis for the offline world laws to the Internet and interpret them as good as possible. A lot of the (most) harmful (ab)uses of the trademark are still not allowed. The ruling is no card blanche for typesquatters and traffic hijackers and competitors that try to deceive the customer by pretending to be the brand owner to get the traffic. That's the law here in the US. Competitive Advertising is okay and brought us the "famous" Pepsi Challenge which became a "Pepsi vs Coke War" on public television.

This kind of Advertising is not allowed in some other countries like Germany. A ruling there will look different and will come, if it didn't already.

It really comes down to how the trademark is used by the party that does not own it. It is only fair to apply the same THOUGHT that are the basis for the offline world laws to the Internet and interpret them as good as possible.

A lot of the (most) harmful (ab)uses of the trademark are still not allowed. The ruling is no card blanche for typesquatters and traffic hijackers and competitors that try to deceive the customer by pretending to be the brand owner to get the traffic.

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