New York State bar association – State bar news, March/April 2014, volume. 56, No.2, p. 26
The author discusses challenges and risks of search engine optimization, which has rewritten the rules of online advertisement. Companies now have to make sure their Google ranking is the highest, or their business will die.
In order to reach the goal, businesses have to use keywords that will allow the company’s add to show up among the first search results. According to the author, in 2009 Google “permitted limited use of trademarks in ads and permitted bidding by non-owners”. This practice led to an increase in the number of trademark infringement and unfair competition claims.
Jason Nardiello (Hiscock & Barklay LLP) and Rebecca Griffith (National Advertising Division, Council of Better Business Bureau, Inc) discussed recent developments in online advertising at the Intellectual Property Section’s January 28 program, The Constantly Changing Online World: Advertising, Trademarks, Metadata and Keyword Searching.
They explained that there are two search engine optimization methods that are of concern for online trademark infringement: White Hat and Black Hat.
The White Hat search method involve placing keyword in the page’s content so as to attract users. Black Hat search methods increase trademark issues as they include a number of approaches to affect the ranking of a specific page, for example by inundating the page with keywords creating confusion in the users as of the products’ ownership.
Nardiello said that even thought courts have not fully discussed trademark infringements or unfair competition in on line advertisement, the Federal Trade Commission insists on the importance of an adequate disclosure of information: advertiser’s claims shall be truthful, non-misleading and adequately sustained.
To conclude Griffith acknowledged that the same rule of traditional media apply in social media.