[Warhead]

My former employers, and now competitors, have sent me a legal letter demanding £2000 for lawyers' fees and an undertaking that I won't use their company name in my Google Adwords campaign (which admittedly, I do).

Is this breaking the law, and should I just remove the offending word (I don't intend to pay them anything!)? Or is it just sabre-rattling?

[greenf]

There is something called the 'passing off' law, which you are breaking. Using a companies name other than your own to lure visitors to your website is basically passing off. One big company on the high street employs someone full time to ensure that competitors dont use their name in google ads.

If they have trademarked that name they have every right to sue you.

[Alvin]

This may help.

http://www.theregister.co.uk/2005/08...rademark_case/

Alvin

[boxby]

You can use it as a keyword, but not in the visible text. Maybe you could plead misunderstanding of the recent change in Googles rules. I would remove the word/name ASAP.

[Warhead]

Originally Posted by boxby

You can use it as a keyword, but not in the visible text. Maybe you could plead misunderstanding of the recent change in Googles rules. I would remove the word/name ASAP.

Hi - yes, it's only a keyword, it doesn't appear in the ad itself, nor the website pointed to.

[Warhead]

Originally Posted by greenf

There is something called the 'passing off' law, which you are breaking. Using a companies name other than your own to lure visitors to your website is basically passing off. One big company on the high street employs someone full time to ensure that competitors dont use their name in google ads.

If they have trademarked that name they have every right to sue you.

Is that the case if the name never actually appears though? It is only a keyword.

I'm too new a member to post a link, but I've found out-law dot com has a page on this - try that domain name with /page-9017 after it.

[consultant]

sabre ratlling!

Whats the £2000 lawyers fees - surely not just for a letter?

I am not legally upto speed on this, but if you use their name in a adwords, you are not stealing or misusing their name.

As far as 'passing off', as you do not claim to be that company or visibly use their name on your site (I assume) you cant be accused of that.

In the UK, I believe that this is legally untested.

Have a look here:
https://adwords.google.com/support/b...92877&hl=en_GB

[Warhead]

Originally Posted by consultant

sabre ratlling!

Whats the £2000 lawyers fees - surely not just for a letter?

I am not legally upto speed on this, but if you use their name in a adwords, you are not stealing or misusing their name.

As far as 'passing off', as you do not claim to be that company or visibly use their name on your site (I assume) you cant be accused of that.

In the UK, I believe that this is legally untested.

Have a look here:

Yep - two grand for a bad cut 'n' paste with utterly wrong accusations, and on one occasion, they've left in the last company's name they tried this on (the Swiss distributor of the same products).

The keyword is just that, it's never seen on screen, either on the Google Ad, nor the website it points to, so I wouldn't say that's passing off. In fact, the website plainly identifies the originator of the products.

Thanks for the link, that's great! I'd rather not be the UK test case though!

[KingPin]

With Google v's the rest of the world nothing is straight forward when it comes to AdWords.

Here is an article about TM policy in the UK which may be of help to you.

KP

[Warhead]

Originally Posted by KingPin

With Google v's the rest of the world nothing is straight forward when it comes to AdWords.

Here is an article about TM policy in the UK which may be of help to you.

KP

Thanks for that, interesting.

As far as I can see, Google will do one of three things: -
1. Tell them I haven't done what they're accusing me of
2. Say they don't care about such things anyway (as per your link)
3. Ignore them

I bet I won't get an apology though...