|
|
| Branding Information |
|
|
|
|
When Search Engine Marketing and Trademarks Collide
In the world of marketing, branding issues are always an important part of any campaign. Companies work hard for their name to be recognized as a quality organization and a leader in their field. Companies will defend any action they see as a negative to their brand. They do not want unauthorized third parties to advertise their products, because they may do it in a poor manner which will generate negative consequences for the quality of the company's brand. Recently, Google was charged with trademark violations by Geico and American Blinds. The cases (C 03-05340 JF US District Court For The Northern District Of California San Jose Division) have gone to the discovery phase of litigation, which means the judges have said there is enough there right now factually to potentially justify these lawsuits. The impact of this trial could be vast for search marketers. A "trademark" is a word, symbol (i.e., logo) or phrase used to identify a particular product and distinguish it from other products in the marketplace. The degree of distinctiveness or uniqueness is what usually determines legal protection. Terms or symbols that are not unique to a particular product or company are generally not given protection. Generic terms are also not protected. The claims made by Geico and American Blinds are that Google's AdWords program violates the law by allowing competitors to purchase keywords that are protected trademarks. Geico and American Blinds contest that by allowing advertisers to bid on their keyword that is in essence the same thing as selling the Geico or American Blinds name without their authorization. Trademark law was instituted primarily to protect the consumer. When a customer sees a brand or logo, they associate a certain quality and expectation with that logo. If inferior companies were allowed to use the same logo and have worse products or services, the consumer would not know what to expect. With trademark law the consumer gets a degree of certainty and avoids confusion or unmet expectations. According to lawyers this litigation could get very complicated. What Google needs to do is convince the court that there is no customer confusion with respect to keywords and how Google serves ads based on search queries. They will establish this most likely by running various consumer surveys. If successful, this would establish a legal precedent preventing future lawsuits of the same nature; however, there is big risk if Google fails. Ninety-five to ninety-nine percent of Google's income is from its advertising model, and a ruling against it could be trouble for the company. If they settle, however, like Overture did then it sets no legal precedence, making it possible for other companies to make the same charges in the future. Whatever the result, it is clear that in the coming months something will happen to search marketing. At the very least, Google will have to monitor trademark infringement a bit more vigorously; at the worst the company may lose a part of its revenue. About The Author: Contact:
|
|
|
|
RELATED ARTICLES
Brand Identity and Brand Image - Brand Identity Guru It is important to distinguish between corporate identity, brand identity, and brand image. Corporate identity is concerned with the visual aspects of a company's presence. When companies undertake corporate identity exercises, they are usually modernizing their visual image in terms of logo, design, and collaterals. Such efforts do not normally entail a change in brand values so that the heart of the brand remains the same - what it stands for, or its personality. Donald Trump On Branding - Brand Identity Guru Love him or hate him, one thing is certain: Donald Trump is a successful guy. We don't have to sum up his accomplishments for you, because his name speaks for itself. Everything he does has his name behind it and, when you hear Trump, you know it's going to be over the top in quality and style. Branding: You are the Brand What's in a brand name? Everything! Think of these brands: Coke, Barbie, Hershey, McDonalds, Madonna, Pepsi, Bono, Microsoft, Kleenex, Xerox, Steven Spielberg, Dell and GM. Did you notice that brands can be things, replicas of people and actual people? Brands are the public perception of a thing or person. Companies work very hard to establish their brand, sometimes failing when they attempt to tie a secondary product into the popular brand name. Does anyone even remember A1 chicken sauce? 10 Secrets for Free Media Placement Why pay a high priced PR agent when you can get free media placement to promote your product, service, or book? The Brand Called You The best brands always try to do the right thing, so that their reputations will remain unsullied. But beyond that they grow, evolve and get better with time, while maintaining their special qualities from the past.We all have a personal brand with social, cultural, intellectual, and personal needs that may not necessarily be addressed in our daily work. Address these needs and you begin to improve your brand. Here is my agenda for building your brand. Join and participate in community and professional organizations Generate media coverage about your brand Stay in touch, or renew old ties with friends, family and business associates Let's examine how each one improves your brand.Join and participate in professional and community organizationsThe best brands grow, evolve and get better with time, while maintaining their special qualities from the past.Professional and community organizations provide ample opportunity to learn and grow.They provide professional development opportunities. They allow you to network with peers as well as with people you would not necessarily ever meet in the normal course of your workday.For instance, I am a member and served on the board of our local International Association of Business Communicators chapter. This allowed me to broaden my contacts in the corporate communications world, as well as form a number of friendships I probably never would have developed. I'm also a member of the North Carolina Citizens For Business and Industry. Here I meet people from all walks of life and all work disciplines. Finally, I am involved with Charlotte Reads, a local non-profit that focuses on literacy issues. This allows me to use my communication experience in support of an issue I feel very strongly about.But it's not enough to just join groups: you must participate to benefit fully. As a participant you have the opportunity to stretch, to gain confidence in yourself. Learn to lead by involvement on the board or in a special project.If you are a communicator by trade, try being treasurer for the group to exercise the other side of your brain, or take on a special project about which you feel strongly.Generate media coverage about your brandAll that professional and community involvement will certainly lead to opportunities to leverage that involvement into news about the brand called you. And, of course, there will be promotions, new assignments, and awards at work, too. More opportunities to make headlines.Your achievements are of interest to local print, broadcast, and online media, particularly the business pages. In Charlotte, the Observer has a weekly feature called On The Move spotlighting someone in a new position. The Charlotte Business Journal has a similar feature called Moving Up. If it is a big enough move and your company won't do it, pay the estimated $150 to place it on BusinessWire or PR Newswire. Consider it an investment in your future. Don't forget trade publications serving your industry and alumni publications.Seek out speaking engagements and write guest articles, too. This is yet another way to publicize your brand. And don't forget to do news releases when you make a speech or write an article. It's all about merchandising.To stay top of mind, you might even want to develop your own monthly e-newsletter like Think, the Hoover ink publication. Keep it mostly informational and limit the commercial material.Stay in touch, or renew old ties with friends, family and business associatesEveryone you know can be a brand ambassador for you, so stay in touch or reach out to those you haven't talked with for a while.Yet another reason for having a monthly newsletter that shares your expertise.The network of contacts you have built over your lifetime will be instrumental if you decide to start your own business, or change jobs.So, heed this word of advice: always deal fairly with people. One bad experience with your brand can negate 10 positive ones.Now, get out there and start branding. Logo-ize For Instant Identification & Increased Awareness The task of creating an indelible impact on the memory of your target market is arduous but can be made much easier with a well thought out logo. The word comes from the ancient Greek where it was used in philosophy and theology to mean "the divine reason implicit in the cosmos, ordering it and giving it form and meaning." The function of a logo in today's business world is much the same ? to make the visual identification of your company implicit by giving it form and meaning. Santa - The Brand Every Christmas Eve, a burglar named Santa busts into homes around the world, but he has never been charged with B&E. He has one of the best, most positive brands around and it continues to inoculate him against any hint of impropriety, as it has for generations. Boston Brand Building - Brand Identity Guru "Make no little plans, they have no magic to stir your blood... MAKE BIG PLANS. Aim high in hope and work." So wrote Daniel H. Burnham in the last century. The big plans are important. They capture your vision. The next step is to break them down into "do-able" chunks, chunks that can be done in even one day. That is what gives you a definite sense of accomplishment, isn't it? The big plans are necessary, the baby steps, imperative! Brand Strategy - Brand Value - Brand Identity Guru Developing brand strategy is extremely critical. The most important asset your company has is its brand. Quite simply, for better or worse, it drives the direction of your business. You should definitely have a well thought out brand strategy in place. Unfortunately, too many companies don't have a brand strategy, or have an inconsistent brand strategy. A brand strategy company should realize there's probably a good reason you may not be paying attention to your brand strategy-you're busy running your business. Branding Guru - Brand Identity Guru Branding Today Standing Under the Umbrella And Still Getting Wet Make More Money Making a Name for Yourself Business Case Study Automotive Detailing Franchise Company How do automotive detailing companies start? What makes them work and how do they grow? How do they choose which services they will offer? This is an interesting case study about a test market of a franchise company in the cleaning business and how they went about setting up Auto Detailing Shops. It maybe of interest to your business study and research; I am familiar with this story because it is one of the companies that I founded. The Face of Your Business, Part I When we initially started our businesses, we had to decide how we were going to market ourselves. Kind of an obvious statement - every business has to do that. But, we had an added challenge. We were new to the area. So, our goal was to get to know as many people as possible. Choosing the Right Color Palette Color is a highly personal experience ? everyone has favorite colors, and other colors that they absolutely don't like. So, how do you determine which colors that will work for your business identity, and that will send the right message to? You?ll Bring a Parade of Business to Your Door! Parades happen in every big city and many small towns. They are fun, relaxing and most people are there because they really want to be. Parades are a wonderful marketing tool if you know what to do! I recommend being a part of your local town parades. For most local home towns, it only takes a convertible and some decorations. The biggest parade in my home town is the Rose Parade because I grew up in Pasadena. There are not too many locals in that parade, but the little know Doo-Dah Parade is FULL of locals and locals watching it. When people like a particular float or group, they throw soft tortillas at them. Most local parades are covered by the local cable company. Entrepreneur Speaks on Brand Extension in the Franchise Cleaning Business On question I have been asked over and over again from prospective franchisees of our companies has been one in which I am very adamant about it; do we require prior experience? No, like many franchise companies we actually frown upon it and think it is such a detriment that we usually disqualify the franchise candidate if they do have prior experience. And we always ask the prospective franchise buyer what sort of experience they have in our industry. When people find out we specifically do not want to sell franchises to those in our industry we are often ask; "Why Not," as it would appear that a franchisee with prior experience has a leg up on the world and would have a better chance of instant success in our business models. Build Brand Identity Through Product Branding Building a product into a brand leader is not easy, but I truly believe that you can improve your branding impression if you follow these 2 rules; Passion & Consistency as well as the 4P's of Branding that I have developed, PRODUCT ? PLACEMENT ? PROMOTION ? PEOPLE. These 4 P's will enable you to check the way your brand is interpreted. Each of these very distinct headings has an impact on your brand, and the brand in turn will affect each of these areas. For those of you who have gone through Marketing 101, you will see that the only difference between the 4P's of Marketing and my 4P's of Branding, are People, and people affect the brand more than any other area. The Big Uneasy: Clearing the Clouds of Guess People often come to me to assist them with developing their brand because they are unable to accomplish the business success they desire. They're experiencing what we call the Big Uneasy--the state of being when things are hard. They are stuck in an idea, unable to make it happen, and dreams are unfulfilled. Life is heavy, there's a lack of flow... the Big Uneasy has taken over. Self-Marketing: The I Focus Ever had one of those conversations where you wondered what the topic was and the only word you could identify was "I"? Branding Your Business To Make More Money Branding your comapny should be the first thing a company does. You have to convince potential customers to buy from you. Very few people have a monopoly like Microsoft or Ebay, Everyone else need to steer business to their company or product. When people think about your company, what is their impression. For my company, Solutions Ink, I wanted to portray a fresh, professional, ease of use type of company whoose product meets their quality needs while helping their business. I wanted to portray Solutions Ink as always on the fore front of the printing and promotional product industry's.
|
| home | site map |
| © 2005 |