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Related Branding Articles:
Corporate Branding - Dont Forget Your CDs!
Most CD-Rs purchased by businesses come from retail office supply stores. These generic CDs usually have the logo of the retail store or disc manufacturer printed on the label. So why promote the store that sells the media? Companies are missing an excellent opportunity to brand themselves in this manner!
As a marketer, I often recommend marketing yourself. However, there comes a point, rather quickly in any conversation when the other person tires of hearing "I". So, the problem is?
While out speaking on branding, the question that I hear most is "How do I know if my business or service is brand material?" With businesses opening left and right, and more and more closing each year, I'm glad there are smart business owners open to understanding the issue.
When Search Engine Marketing and Trademarks Collide
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: Tommy Maric is the manager of TopPayingKeywords.com. TopPayingKeywords.com is designed to help webmasters maximize their profits using Google's Adsense? program. Through extensive research, TopPayingKeywords.com develops up-to-date databases of the most popular keywords and their accompanying bid prices. For more information, please visit www.toppayingkeywords.com
Contact: 877-TOP-WORD (877-867-9673) info@TopPayingKeywords.com
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Has the word "brand" taken on a bad connotation during this tight global economy? Are companies shying away from a focus on Brand Marketing and Brand Management, or better, can they, and should they? I have come across companies who do not want to talk about building, managing, or marketing their brand; all they are looking for is selling their product and driving revenue to the bottom-line. If you, like I, find this a very interesting and compelling comment, then let us explore why some companies become confused with the term brand management.