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Yes, we are bidding on their company name as a Key Word
Do they know this?
They assume, as we are are showing up when someone is searching for their company name which is specific.
Ok, but you are actually their name as a keyword?
Yes we are using it as keyword
But all that is showing as an Ad via Google, right?
We are bidding on the keyword which is their company name, every time someone is searching for them Google display our ad. They cannot see the keyword we are bidding on, but because their company name is ***** ***** - they assume we do it. And they assume correctly. According to Google Trademark policy we are allowed to do so as long as we not using their name in actual ad or suggesting that we are connected somehow to this company.
Ok- let me look a few things up
Ok - I do not think you need to worry. If you were passing yourself off as the Company that would be different. But you are simply using their name in the keyword. However they do not know this- they are assuming
If it went to Court they would need to show you were using the word and had suffered a loss as a result
So just because you are shown does not mean they have suffered a loss
They can't show they have lost any customers.
So yes they can proceed with action, it would be for a Court to dismiss it
In terms of costs if any claim is £10,000 or under it would be a small claim so no legal fees would be payable
Can I clarify anything for you about this today please?
Can they ask for our reports from Google which shows how many people clicked our ad and how many we actually got in touch? This would show that we are gain business using they company name as keyword.
Only if they get a Court order.
Yes but that just shows clicks
They would also have to show these same clicks gave you business
That is where they would struggle
Actually statistics would show all the conversions, first into opportunity then sale
how hard would be to get a court order?
Ok - I thought adwords only shows clicks
This is a complete advertising system where you can actually track your roi
Ah got it.
In any event they would need to show that a customer would be confused between your name and their name
All you are doing is using the name in the adword
They don't have a claim
Can I clarify anything else for you?
ok, last two questions:
But I can't tell you what the lottery numbers will be]
If the claim would go into a small claim court do I need to hire a lawyer?
If the claim would be hire than £10.000 what then?
Those fees cant be recovered and its designed for in person low value claims
If it is higher then it would be open Court and you would need a lawyer.
But if you win you can ask for costs
how much representation like this would cost, bulpark
£200 per hour so about £10,000 or so
truly last question:)
This is ant email from them, can you explain what laws they referring to if any:
I am fully aware of Google Adwords and the policiesalong with the relevant UK laws.I am not going to argue this further, however it is clear you intention isto gain business buy bidding on our brand name "Movecorp".Unless we get confirmation that you have ceased using the search term wewill commence proceedings, I suggest you get some legal advice on this asap.The policies and terms Google offer are not representative of relevant lawsand they will not be the ones paying your legal bill!I look forward to your response by end of business Monday.
They are just saying Google policy does not apply.