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by courtewing
5119 days ago
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There is a response from a marketing guy from GoToMeeting in the comments of this article. I couldn't readily find a way to link to the comment, so I'll post it here for anyone that doesn't want to go hunting: "Hi, this is Andrew from the GoToMeeting search marketing team. I just posted over on the MeetingBurner blog as well. We do not use competitive names in search ads, but we do follow the common industry practice of bidding on competitive terms. In the instance of this ad, we were using a Google method called dynamic keyword insertion which delivers the searcher's query in the ad title. For example, if you were searching on the term "web conferencing," that query would appear in the ad title. In this case, the user entered "meeting burner" in the search field and it appeared in the ad title. This is why the Meeting Burner name showed up in the ad. Our search marketing efforts are never intended to deceive the searcher." Edit: I couldn't find anything in the FAQ about this, but if a post like this is not really accurately representing a situation, is that something I should flag? I feel that is beyond simply "disagreeing with the post", but I don't want to start abusing the feature. |
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Here is a comparison for consideration. I bid on "free credit report." The FTC isn't going to give a shit if I put "Free Credit Report" in my ad, or I bid on "free credit report" and used dynamic insertion. Its all the same thing, I now qualify for their draconian rule set for companies advertising to provide free credit reports. (By the way, do a search for "free credit report" on Google, notice anything special?)
Citrix placed the name of a federally trademarked business in their ad copy. Additionally, that trademark is for a direct competitors of theirs (not a fruit seller with an ad for an "Apple.") Thirdly, the promised product, Meetingburner, is not actually there. Thus, they are guilty of both trademark infringement and deceptive advertising.
At bare minimum, Meetingburner would send a C&D. At best they could demand a six figure settlement and a guarantee they will never bid on "Meetingburner" or run ads with "Meetingburner" in them again (killed two birds with one stone, since Citrix legally could bid on the term.) In the extreme they could refuse a settlement and take it to trial, and probably win. After legal expenses, likely a loss for both sides.
I've been on the receiving end of this before. I learned not to use dynamic insertion.
As for Adwords -- "Unfortunately, reaching out to the AdWords team at Google isn’t an easy task. This does appear to be against the Terms of Service for AdWords, but since its so close to the weekend, the ads might stay up for the next few days." -- Yeah, good luck with that. They let big advertisers do basically whatever the hell they want. I've watched very explicit rule violations slide for well in excess of a year.