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Business using name in Google Adwords

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  • 13-02-2015 5:36pm
    #1
    Buttercake
    Registered Users Posts: 539 ✭✭✭


    There is a rival business using a business name in Google Adwords

    Our business *for illustrative purposes* is called Butter's Cakes

    The rival business is using Butters cakes in the title of their google Adword while my listing in the organic results is below it..

    The name is not trademarked but it a company name - has anyone any experience of dealing with this?, does it constitute "passing off"?

    opinoins welcome - thanks in advance


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    #2
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    In what context are they using your business name?

    Are they representing themselves as Butters Cakes?


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    #3
    Buttercake
    Registered Users Posts: 539 ✭✭✭Buttercake


    Hi graham

    they use the name in the title of their advert and as a keyword


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    #4
    jimmii
    Registered Users Posts: 14,810 ✭✭✭✭jimmii


    Its quite common its a compliment really! If it's not a trademarked name then they aren't technically doing anything wrong if it looks like are doing it in a deliberately misleading way then contact google and tell them your concerns. Even big companies use rival companies in keywords it seems it a very common thing to do and is something some AdWords companies recommend.


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    #5
    Idbatterim
    Registered Users Posts: 17,852 ✭✭✭✭Idbatterim


    using rival companies key words is one thing, but pretending you are another company is another thing alltogether, I would get on to adwords asap! Or change the ad title to The Genuine Butters Cakes as a temporary measure...


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    #6
    pedronomix
    Closed Accounts Posts: 997 ✭✭✭pedronomix


    Google have a very cumbersome and convoluted complaints process and are very difficult to move to any action on this. I actually had it with a world-wide registered trade mark. In the end most times I sent a cease and desist note to the infringer threatening legal action for infringement and also seeking damages for loss of revenue (passing off etc). If you go legal, the costs are massive.
    If your name is not protected other than by being an RBN, you face an uphill struggle. If the perp is in Ireland you may be able to frighten them off with a cease and desist. If you are actually selling in the EU ( an RBN has extremely weak protection, even in Ireland) you may have some chance in these countries, ASIA FORGET IT!!


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    #7
    Buttercake
    Registered Users Posts: 539 ✭✭✭Buttercake


    Thanks folks, using the name as a keyword I don't mind but using the title was out of order. I do use tm at the end of my title in advertising.

    I called them yesterday evening and said I spoke with my solicitor and I requested they remove it immediately, they apologised and said "there was a mix up with our keywords" - yeah right

    Seems to be the way to go if this happens, contact them direct, threaten legal, embarrass them.


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    #8
    jimmii
    Registered Users Posts: 14,810 ✭✭✭✭jimmii


    Buttercake wrote: »
    Thanks folks, using the name as a keyword I don't mind but using the title was out of order. I do use tm at the end of my title in advertising.

    I called them yesterday evening and said I spoke with my solicitor and I requested they remove it immediately, they apologised and said "there was a mix up with our keywords" - yeah right

    Seems to be the way to go if this happens, contact them direct, threaten legal, embarrass them.

    Ha sure it was a mix up! Good of them to take it down I would have expected them to just ignore you best keep an eye on it I would think in case they "forget".


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