According to a post on Microsoft’s blog, “In a major change in policy, Microsoft has decided to allow marketers to use other companies’ trademarks to trigger search ads.”
“To come in line with search industry practices, as of March 3rd, Microsoft will cease editorial investigations into complaints about trademarks used as keywords to trigger ads on Bing & Yahoo Search in the United States and Canada”
“While trademark owners can legitimately object when their trademarks are used in a confusing way, they shouldn’t — and don’t — have the right to control when their names can be used by others.”
Really I wonder why domain holders keep losing even generic domains when a link appears on the page to a trademarked term.
The law should have some consistency to it shouldn’t it?
Here are more details:
”
Please note that Microsoft allows the fair use of trademarks in ad text, such as:
- Use of a trademark by a reseller of authentic goods or services
- Informational websites about goods or services represented by the trademark, such as product reviews
- Ordinary dictionary use of a term
- Comparative advertising, when supported by independent research”
But Microsoft will be one of the first companies to come after you if you use one of their trademarks in your domain.
I’m just saying
Nic says
Digressing slightly….
Why does the US Govt want to put Julian Assange behind bars, when it says nothing about the Sydney Morning Herald (and, no doubt, other major newspapers) who, ever other day, are running front-page stories re leaks obtained “exclusively” from Wikileaks? Does the US Govt not want to shut down or prosecute the Sydney Morning Herald, too?
Shoot the messenger.
the first domains funded NewSpaceAgency says
well, leave them to Google
Jeff Schneider says
Hello Mike,
Clearly a case of saying on public stage one thing and on the back of the stage doing another. All the big tech players are standing in the way of the largest capital expansion in history. Domainers collectively own the Best .com Business Addresses on the planet. Can you imagine if the fences were torn down and Domainers were supplied with a way to develop their formiddable assets into businesses to help our economy prosper?
We think there is an answer going to surface shortly. Hold on Domainers the future is brighter than you think.
Gratefully, Jeff Schneider (Contact Group) (Metal Tiger)
Tim Davids says
Theyll make the money while others risk their domains and companies.
Regretfully, Tim Davids (pigeon shit group) Paper Airplane
BullS says
Net neutrality is for other countries but for Obama it means…I can still get you in USA when you tweet.
BSfully, Chris G (BullshitWebsites group)-Website of the Year
SL says
So they weighed the lawsuit costs vs. ad dollars gained…what’s interesting is that there must be serious bucks on the ad side of this equation. Not sure why though.
Hormonally, Paris Hilton (Plastic Bimbo Group)
Landon White says
Not me worry…
Soon we shall all be under Sharia Law …
God Bless our Obuma!
Colicky, Landon White (Contact Lens Group ) (Tony the Tiger)
Bret Moore says
Uh, there’s a big difference between using a trademark as a keyword for an advertisement and putting the same trademark in your domain name. Surely both can be confusing to the public, but an invisible keyword in an ad probably has a lot less potential to be confusing.
Meyer says
Does that mean software companies can buy keywords on Bing such as
microsoft, powerpoint, excel spreadsheet, microsoft word, microsoft outlook.
Joey Starkey says
Never made any sense to me. When you get the flyer from Walmart do they not use the companies name the made the product that they are selling?
It is the same thing. The truth be known it is the same thing with a domain name. Just the greed of the Corporation.
Same reason that these big companies won’t start hiring in the US again. Want to make big money but keep it all for themselves. Personally I think we should increase their taxes by about 50% with no deductions. So what if they leave they basically did that years ago.
Opps off the rant!
Dan says
Hi,
Taking about the “kettle calling the pot black”
Anyone care do do the research on how many lawsuits MS has filed for “TM” infringements the last few years over domains, website(s) ,copyrights, search terms etc..?
I guess one the ‘better moves’ was the famous:
Microsoft vs. MikeRoweSoft – Wikipedia
http://en.wikipedia.org/wiki/Microsoft_vs._MikeRoweSoft
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Good Search Idea… “TM-keywords’ OK…for everyone else except MS?
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“Affiliate Program for Microsoft Office Professional Academic 2010 Offer
Program Terms
(iii) Microsoft does not allow trademark bidding on terms including (but not limited to): Microsoft, Microsoft Office, Microsoft.com, MicrosoftOffice.com, www. Microsoft .com, www. MicrosoftOffice .com, or any variation. You shall not bid on trademark terms or any such variations. You will not promote coupons or discounted products using paid search, unless otherwise agreed to, in writing, by Microsoft. Furthermore, you agree you may not out position a corporate paid search ad. ”
http://www.microsoft.com/student/en/us/affiliates-terms-conditions.aspx
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What happen to ” Whats good for the Gander Is good for the Goose”?
BTW: I always wanted to know what a ‘Gander’ was…
It has lots of meanings as far as I can tell…. and a some towns hold that name … but it all so means ‘Male Goose’
So, I guess at the end of this ‘famous quote’ the other ‘Goose’ must be female? 🙂
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Peace To All!
Dan
Dan says
Hi,
I see the search term on “Bing” has only one advertiser (Bing)… how about 5-10 people load it with with the ‘minimum’ type bids for the keyword search term ‘bing’… so the whole page is loaded up with ads…with nothing to do with their SE…
Just for a few days. or so…nothing to cost anyone a lot of money or anything…
Let see how they respond to that…
http://www.bing.com/search?q=bing&go=&form=QBLH&qs=n&sk=&sc=8-4
Bet they will not accept one ad…
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Best,
Dan