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 & Counterfeit Policies 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 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 *
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 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. 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 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
You. Tube Trademark Complaint Google Confidential and Proprietary *
You. Tube Counterfeit Complaint Google Confidential and Proprietary *
Free Speech/Parody Google Confidential and Proprietary
Non-Trademark "Use" Google Confidential and Proprietary
Questions? Google Confidential and Proprietary
Скачать презентацию Trademarks on the Internet Problems and Solutions Terri
5daab44cdd6b06c07a8b93b111097fe1.ppt