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Trademarks on the Internet: Problems and Solutions Terri Chen September 2012 Google Confidential and Trademarks on the Internet: Problems and Solutions Terri Chen September 2012 Google Confidential and Proprietary

Agenda • Introduction to Google • Trademarks and Intermediary Liability • Google’s Approach: Trademark Agenda • Introduction to Google • Trademarks and Intermediary Liability • Google’s Approach: Trademark & Counterfeit Policies Google Confidential and Proprietary

Introduction to Google • Brand Owner • Intermediary Platform Google Confidential and Proprietary Introduction to Google • Brand Owner • Intermediary Platform Google Confidential and Proprietary

Trademark & Intermediaries • Trademark law focused on consumer protection from confusion over source 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 Google Confidential and Proprietary

Online Advertising: Google Ad. Words Google Confidential and Proprietary * Online Advertising: Google Ad. Words Google Confidential and Proprietary *

Ad. Words TM Policy Overview • Keyword: In most countries policy allows ads to Ad. Words TM Policy Overview • 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. Google Confidential and Proprietary 6

Ad. Words Counterfeit Policy Google’s policy prohibits the sale or promotion of counterfeits in Ad. Words Counterfeit Policy Google’s policy prohibits the sale or promotion of counterfeits in Ad. Words 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 for brand owners to report counterfeiters -Google wants to work collaboratively with brand owners to better identify and deal with counterfeiters Google Confidential and Proprietary 7

Ad. Words Trademark Policy v. Counterfeit Policy Different Issues at Stake. Different Policies. Ad. Ad. Words Trademark Policy v. Counterfeit Policy Different Issues at Stake. Different Policies. Ad. Words 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 Ad. Words Trademark Policy. Ad. Words Counterfeit Policy • Relates to ads that promote counterfeit goods. No use of a trademark in connection with an ad is necessary. • NEVER permissible. Google Confidential and Proprietary *

Proactive Efforts Proactive • Ongoing efforts to continually improve counterfeit efforts due to counterfeiters 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 Google Confidential and Proprietary

Reactive Efforts Google Confidential and Proprietary Reactive Efforts Google Confidential and Proprietary

You. Tube Trademark Complaint Google Confidential and Proprietary * You. Tube Trademark Complaint Google Confidential and Proprietary *

You. Tube Counterfeit Complaint Google Confidential and Proprietary * You. Tube Counterfeit Complaint Google Confidential and Proprietary *

Free Speech/Parody Google Confidential and Proprietary Free Speech/Parody Google Confidential and Proprietary

Non-Trademark Non-Trademark "Use" Google Confidential and Proprietary

Questions? Google Confidential and Proprietary Questions? Google Confidential and Proprietary