| Have you ever got one of those silly
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| | Therefore everyone who used IE
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| emails that offers to let you own a
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| | automatically had the plugin.The Legal
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| keyword? Silly question. How many such
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| | QuestionEach of the companies offering
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| emails do you get every day?A number of
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| | these services has a policy designed to
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| such services regularly email me offering
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| | ensure that a web site only buys keywords
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| keyword ownership of premium keywords for
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| | related to their content, and their
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| $300/year. They say that anyone can type
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| | review process is designed to keep
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| the keyword I bought in the address bar
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| | cybersquatters from hijacking popular
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| of Internet explorer, instead of typing
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| | names and products. Unfortunately, there
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| in a URL, and they will be sent directly
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| | is no way to guarantee that any one of
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| to my site. In total it seems that there
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| | these keyword ownership services adheres
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| are about 2% of Internet users worldwide
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| | to any naming standard, or even ensures
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| who have enabled one type or another of
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| | that any purchaser has the legal right to
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| this system, spread out between a few
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| | any of the terms they are buying. This
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| competitive services.Data shows that
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| | means that the rights to copyrighted
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| between 4% and 7% of search queries are
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| | material like "Pepsi" or generic words
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| performed by entering something in the
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| | like "business" could end up in the hands
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| address bar. By default for IE users,
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| | of the first buyer. While Pepsi is a well
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| these searches are automatically routed
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| | known brand name, there are millions of
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| through to MSN search. Many of us however
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| | copyrighted and trademark protected
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| have installed so much software over
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| | terms, covered in multiple jurisdictions.
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| time, and unknowingly, some of this
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| | It would not be cost effective or
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| software has re-routed these search
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| | practical for these services to police
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| queries to other search portals, such as
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| | copyright and trademark infringement.In
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| iGetNet, or others. This often happens if
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| | the summer of 1999, the U.S. Court of
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| you've installed any file sharing
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| | Appeals for the Ninth Circuit, denied
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| software. We have all heard / read about
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| | Playboy's request for an injunction
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| how many extra 'features' come with
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| | barring a search engine from selling
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| programs like Kazaa. This means that your
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| | advertising based on the terms playboy
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| default search from the address bar may
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| | and playmate. In the precedent setting
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| no longer be MSN, and may have been
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| | ruling regarding keyword advertising,
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| rerouted elsewhere, but the basic
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| | Judge Stotler of the United States
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| principle still applies. Of the queries
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| | District Court in Santa, Ana, California,
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| that are actually run from an address
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| | dismissed a lawsuit brought by Playboy
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| bar, at least half of them are
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| | Enterprises against the search engine
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| unintentionally instigated by people
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| | Excite, Inc. and Netscape. The ruling
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| mistyping the desired URL. This means
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| | limited the online rights of trademark
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| that between 2% and 4% of Internet users
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| | holders, as it recognized that a
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| actually search via their address bar.So
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| | trademark may be used without
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| how exactly do these address bars work?
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| | authorization by search engines in
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| There are many of these companies
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| | advertising sales practices.Playboy
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| offering this kind of service, with each
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| | claimed that the search engines were
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| one of them selling the very same
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| | displaying paid banner ads from
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| keywords to different and sometimes
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| | pornographic web sites whenever "playboy"
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| competing companies. To make things
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| | or "playmate" were used as a search term.
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| worse, the keywords you might buy will
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| | As the owner of the trademarks for both
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| only work with the issuing companys
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| | terms, Playboy argued that the use of its
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| proprietary address bar plug-in. Then, to
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| | trademarks for a third party sales scheme
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| actually offer search capabilities from
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| | was trademark infringement and branding
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| the address bar, each of these service
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| | dilution.In the ruling dismissing
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| providers needs to get individual
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| | Playboy's case, the Judge found that
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| Internet users to download and install
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| | Excite had not used the trademarks
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| their plug-in, and remember to run
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| | "playboy" and "playmate" in an unlawful
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| searches from the address bar.How
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| | manner. This was because Excite had not
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| effective can a marketing strategy of
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| | used the trademarked words to identify
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| this nature be when the various tools are
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| | Excites own goods or services and
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| not interchangeable, there are numerous
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| | therefore trademark infringement laws did
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| competitors selling the same key words to
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| | not apply. It was further determined that
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| different companies, and you are
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| | even if there was trademark usage, there
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| targeting only a small fraction of
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| | was no infringement because there was no
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| Internet users? If your ad is being
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| | evidence that consumers confused Playboy
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| displayed because its similar to the
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| | products with the services of Excite or
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| search query, are you paying for
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| | Netscape.What about within Meta Tags?Is
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| irrelevant results? This can happen; If
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| | it illegal to use trademarked terms in
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| there is not a perfect match to a search
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| | your meta tags? Sometimes. The problem
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| query, the next closest match may be
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| | occurs with how and why you are using the
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| displayed.Competing with these companies
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| | terms. Web sites that use the tags in a
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| is any search engine that offers its own
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| | deceptive manner have lost legal battles.
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| toolbar. You can download a toolbar from
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| | However, legitimate reasons to use the
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| any number of engines, and run searches
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| | terms have resulted in successful
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| on any key word or phrase quickly and
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| | defenses.In a case involving Playboy, the
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| easily. You then get the search engines
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| | firm was able to prove trademark
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| selection of closest matches, from all
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| | infringement, based on use of their
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| the web sites they have indexed. They
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| | trademark in meta tags, url and content
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| offer more than just one choice, and dont
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| | on the web site. The case was filed by
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| cost anythingWho Started This?Started in
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| | the firm against web site operators for
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| 1998, Realnames was the first company
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| | stuffing their web pages with the words
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| that tied searching via the address bar
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| | Playboyand Playmatehundreds of times.
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| to a web browser. At the time, it was
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| | Furthermore, the defendants were also
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| touted as a value added solution for
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| | using the terms Playboy and Playmate in
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| businesses around the world who were
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| | the site names, URLs, and slogans. In
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| attempting to get their products found
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| | this case the Judge ruled for Playboy, as
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| quickly, but didn't want customers to
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| | there was a clear case of trademark
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| have to wade through a sea of Web
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| | infringement.In the separate case,
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| addresses to reach their destination.In
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| | Playboy vs. Terri Welles, the court
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| part, it was deemed necessary because so
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| | refused Playboy's request. The reason was
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| few web site operators were search engine
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| | simple. Terri Welles was Playboy's 1981
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| savvy, and fewer still knew anything
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| | Playmate of the Year. She had used the
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| about search engine optimization and
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| | terms "Playmate" and "Playboy" on her web
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| promotion. What the Realnames solution
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| | pages and within her meta tags, and the
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| did was allow a web site operator to buy
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| | Court felt she had a legitimate right to
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| a keyword, and then when any user of
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| | use them to accurately describe herself,
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| Internet Explorer would type that keyword
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| | and to ensure that the search engines
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| into the IE address toolbar, they would
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| | could catalog her web site properly
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| get directed to the web site that owned
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| | within their databases. Playboy's appeal
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| the keyword.The company hoped to profit
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| | was dismissed on Feb. 1, 2002.In
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| from businesses which wanted to reach
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| | SummaryIt is clear that if you have a
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| Internet users who would type keywords
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| | legitimate reason to use a trademarked
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| into their browsers address bar instead
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| | word or phrase in your web site you can.
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| of remembering the url, or going through
| |
| | You may also rent their ownership from
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| a standard search interface.Unfortunately
| |
| | one of the keyword ownership companies.
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| for the company, the service was entirely
| |
| | Be careful, though, it is possible that
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| dependent on Microsoft; and when
| |
| | may get sued.Does the technology work?
|
| Microsoft stopped supporting the
| |
| | Yes, but only for some of the
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| technology in May 2002, the company was
| |
| | approximately 3% of Internet users
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| forced to close. The reason it was so
| |
| | worldwide who have installed any one of a
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| totally dependent was simple; Unlike the
| |
| | variety of competing plugins that enable
|
| new companies on the market today,
| |
| | this type of searching. I stress a
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| Realnames did not depend on an end user
| |
| | fraction of the 3%, as you would need to
|
| downloading and installing a plugin,
| |
| | buy the keywords from each individual
|
| instead it was essentially integrated
| |
| | vendor to ensure reaching all 2%.
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| into Internet Explorer by Microsoft.
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| |
|
