McAfee & Taft intellectual property attorney Ryan Lobato was featured in The Oklahoman discussing how Google is changing the way it deals with trademarks in terms of its advertising model.
"Historically, Google has not allowed advertisers using Google’s AdWords program to use competitors’ trademarks in their own ads," Lobato told The Oklahoman. "However, Google has announced that starting June 4, under certain situations, Google’s AdWords will allow a competitor’s trademark to be used in advertisements without ownership or even permission. Additionally, Google has announced that it will no longer investigate the use of trademarks as advertising keywords in the U.S., Canada, Mexico and over 200 other countries (excluding the European Union)."
Lobato said that this change will allow Google AdWords advertisements to become more specific and informative about the products or services being sold.
"For example, a supermarket may now advertise specials on Pepsi Cola where previously the generic term 'soda' would have been used," he told The Oklahoman. "Additionally, competitors will be allowed to 'bid' on the exclusive use of trademark search terms, which means you may soon see advertisements for Nike products if you search for 'Reebok.'
"Not surprisingly, many companies are apprehensive about being excluded from using their own trademarks on Google AdWords because they are not the highest bidder."
Lobato said that this change may also bring about more litigation over the issue as companies try to protect their trademarks.