Google Ads trademark issues can cause delays to your campaign if you are trying to run on trademarked terms and also cause issues when other advertisers are violating your trademarked terms.
You will likely encounter the first issue as an agency, running ads on behalf of your clients. If a client creates a new account on your behalf, versus granting access to the current one, it’s vital you have approval to run trademarked terms prior to launching campaigns.
If you need to get authorized to use trademarked terms on the trademark owner’s behalf or authorize an agency to use your trademarked terms, the trademark owner will need to submit a 3rd Party Authorization Request. The request takes approximately 5-7 business days to complete so you will need to be mindful of the timeline when creating campaigns.
On the other hand, everyone is susceptible to trademark infringement by competing advertisers. While some cases of trademark infringement are cut and dry, many are not, and require an in-depth look at Google’s trademark policy.
When you suspect another company is using your trademarked terms you will need to submit a Trademark Complaint Form. If you are an agency acting on behalf of your client, there will be additional verification steps. As an agency you can submit the form and Google will reach out to you requesting verification from the trademark owner. This verification is as simple as forwarding the email from Google to the trademark owner and having them respond to verify that you are authorized to act on their behalf. If you are the trademark owner, the Trademark Complaint Form is the only form you will need.
While Google recognizes the importance of trademarks, there are instances in which a trademark complaint will be denied. If Google determines that the advertiser is compliant with Google’s Reseller and Informational Site policy, which “allows certain ads to use a trademark in ad text by advertisers that appear to be resellers, informational sites, or providers of components, parts, or compatible products”, Google will take no action against the advertiser. This applies to resellers who can use trademark in the ad copy as long as the ad’s landing page is primarily dedicated to selling products or services corresponding to the trademark. The page must clearly facilitate the sale of the product and provide information such as price or rate for the product or service. Informational sites can also use trademarks in the ad copy if the primary purpose of the ad’s landing page is to provide informative details about products or services corresponding to the trademark. One example of an industry this policy would affect is the hospitality industry in which vendors pay a portion of their sales proceeds to the trademarked company directly.
It is important to remember that trademark violations only apply to trademarked terms in the ad copy itself. Branded keywords are not protected by Google Ads trademark policy. Anyone, including your competitors, can bid on your brand keywords. Branded keywords are the most valuable search traffic with the highest conversions because a branded search shows a high level of purchase intent. This makes brand keywords an attractive target for partners, competitors, and third parties to run ads on. Branded terms are also affordable which makes them further attractive to competitors and others. While ad text and ad title are protected, competitors may use your brand name in the display URL.
Lastly, while the responsibility of notifying Google of trademark infringements lies on the trademark owner, Google does have safeguards in place to flag ads for violations. This can work for you or against you. Google can, but not always does, catch ads that use trademarked terms and limits their reach. If you are trying to advertise on another company’s behalf, you may notice that your ads are suffering from limited reach. This requires the trademark owner to submit the 3rd Party Authorization Request listed above.
Google to pay $391.5 million settlement over location tracking, state AGs say
Google has agreed to pay a $391.5 million settlement to 40 states to resolve accusations that it tracked people’s locations in violation of state laws, including snooping on consumers’ whereabouts even after they told the tech behemoth to bug off.
Louisiana Attorney General Jeff Landry said it is time for Big Tech to recognize state laws that limit data collection efforts.
“I have been ringing the alarm bell on big tech for years, and this is why,” Mr. Landry, a Republican, said in a statement Monday. “Citizens must be able to make informed decisions about what information they release to big tech.”
The attorneys general said the investigation resulted in the largest-ever multistate privacy settlement. Connecticut Attorney General William Tong, a Democrat, said Google’s penalty is a “historic win for consumers.”
“Location data is among the most sensitive and valuable personal information Google collects, and there are so many reasons why a consumer may opt out of tracking,” Mr. Tong said. “Our investigation found that Google continued to collect this personal information even after consumers told them not to. That is an unacceptable invasion of consumer privacy, and a violation of state law.”
Location tracking can help tech companies sell digital ads to marketers looking to connect with consumers within their vicinity. It’s another tool in a data-gathering toolkit that generates more than $200 billion in annual ad revenue for Google, accounting for most of the profits pouring into the coffers of its corporate parent, Alphabet, which has a market value of $1.2 trillion.
The settlement is part of a series of legal challenges to Big Tech in the U.S. and around the world, which include consumer protection and antitrust lawsuits.
Though Google, based in Mountain View, California, said it fixed the problems several years ago, the company’s critics remained skeptical. State attorneys general who also have tussled with Google have questioned whether the tech company will follow through on its commitments.
The states aren’t dialing back their scrutiny of Google’s empire.
Last month, Texas Attorney General Ken Paxton said he was filing a lawsuit over reports that Google unlawfully collected millions of Texans’ biometric data such as “voiceprints and records of face geometry.”
The states began investigating Google’s location tracking after The Associated Press reported in 2018 that Android devices and iPhones were storing location data despite the activation of privacy settings intended to prevent the company from following along.
Arizona Attorney General Mark Brnovich went after the company in May 2020. The state’s lawsuit charged that the company had defrauded its users by misleading them into believing they could keep their whereabouts private by turning off location tracking in the settings of their software.
Arizona settled its case with Google for $85 million last month. By then, attorneys general in several other states and the District of Columbia had pounced with their own lawsuits seeking to hold Google accountable.
Along with the hefty penalty, the state attorneys general said, Google must not hide key information about location tracking, must give users detailed information about the types of location tracking information Google collects, and must show additional information to people when users turn location-related account settings to “off.”
States will receive differing sums from the settlement. Mr. Landry’s office said Louisiana would receive more than $12.7 million, and Mr. Tong’s office said Connecticut would collect more than $6.5 million.
The financial penalty will not cripple Google’s business. The company raked in $69 billion in revenue for the third quarter of 2022, according to reports, yielding about $13.9 billion in profit.
Google downplayed its location-tracking tools Monday and said it changed the products at issue long ago.
“Consistent with improvements we’ve made in recent years, we have settled this investigation which was based on outdated product policies that we changed years ago,” Google spokesman Jose Castaneda said in a statement.
Google product managers Marlo McGriff and David Monsees defended their company’s Search and Maps products’ usage of location information.
“Location information lets us offer you a more helpful experience when you use our products,” the two men wrote on Google’s blog. “From Google Maps’ driving directions that show you how to avoid traffic to Google Search surfacing local restaurants and letting you know how busy they are, location information helps connect experiences across Google to what’s most relevant and useful.”
The blog post touted transparency tools and auto-delete controls that Google has developed in recent years and said the private browsing Incognito mode prevents Google Maps from saving an account’s search history.
Mr. McGriff and Mr. Monsees said Google would make changes to its products as part of the settlement. The changes include simplifying the process for deleting location data, updating the method to set up an account and revamping information hubs.
“We’ll provide a new control that allows users to easily turn off their Location History and Web & App Activity settings and delete their past data in one simple flow,” Mr. McGriff and Mr. Monsees wrote. “We’ll also continue deleting Location History data for users who have not recently contributed new Location History data to their account.”
• This article is based in part on wire service reports.
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