Breakinâ€™ the Law, Breakinâ€™ the Law: Part 1
What are some of the biggest legal issues search marketers face in PPC advertising? Early on, using someone elseâ€™s trademark in your meta tags was considered trademark infringement. Fortunately, standardized policies have been created to help eliminate the “he said, she said” battles. But we still have PPC click fraud, copyright infringement and trademark usage in PPC advertising to contend with. Plus most search engines have their own internal PPC trademark policy.
Two questions surrounding this issue were recently addressed in an article “Search and the Law: Attorney Clarke Douglas Walton”.
“1) Whether the use of a keyword to trigger a PPC advertisement may be trademark infringement in certain circumstances; and 2) whether that particular company’s trademark is used in the advertising text â€“ when is it infringement and when is it fair use?”