caroline coesemans (google) - a google legal perspective on ad targeting, privacy and trademarks

Google Confidential and Proprietary

Search Advertising, TrademarkProtection and Cookies

Caroline CoesemansLegal Counsel SU 4, Brussels - 15/06/12

Google Confidential and Proprietary

Topics Covered

I. Introduction

II. AdWords Trademark Policy

III. AdWords Counterfeit Policy

IV. Cookies

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I. Introduction

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AdWords Overview

User’s search query

Ads

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How does it work?

• Google provides the ad space

• Advertiser creates an ad

• Advertiser chooses keywords

• Advertiser sets pricing

• users enter the query

• Such query might trigger the ad

AdWords Overview

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II. AdWords Trademark Policies

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Different Issues at Stake. Different Policies.

Use of trademarks for advertising purposes• Use of a third party’s trademark in an ad (as a keyword

or in the ad text) to promote genuine goods or services.• May be permissible subject to AdWords Trademark

Policy.

Promotion of counterfeit goods• Relates to ads that promote counterfeit goods. No use

of a trademark in connection with an ad is necessary.• NEVER permissible.

Trademark Policy v. Counterfeit Policy

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What is a Trademark?

• IP right

• Positive action : registration

• Benelux : BOIP – www.boip.int

• National trademark: e. g. in France INPI – www.inpi.fr

• Community trademark: OHIM – www.oami.europa.eu

• International trademark: protection in over 80 countries

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• Keyword: In most countries policy allows ads to display against a keyword that is a trademark.

• Ad Text: In all countries policy prohibits display of ads incorporating third party trademarks in ad text (upon a valid complaint submitted by the trademark owner).

Limited Exception: in the US, CA, UK and IE, resellers and informational sites can use a TM in ad text without a TM owner’s authorization if they meet certain criteria.

Trademark Policy

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Different Issues at Stake. Different Policies.

AdWords Trademark Policy• Use of a third party’s trademark in an ad (as a keyword

or in the ad text) to promote genuine goods or services.• May be permissible subject to AdWords Trademark

Policy.

AdWords Counterfeit Policy• Relates to ads that promote counterfeit goods. No use

of a trademark in connection with an ad is necessary.• NEVER permissible.

Trademark Policy

TM owner’s ad

Reseller’s ad

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Trademark Policy: Complaint Procedure

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III. AdWords Counterfeit Policy

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ZERO tolerance for counterfeit.

•Harms users.•Harms advertisers.•Harms Google

General and strict prohibition of ads promoting counterfeit goods

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Efficient tools to enforce Google’s Counterfeit Policy

REACTIVE TOOLS : Counterfeit Complaint Process.

• Review. Dedicated team reviews all valid complaints submitted via the AdWords Counterfeit Complaint form.

• Swift Turnaround. 24-hour response time.

• Ad Removal. Ad will be taken down if ad or website explicitly promotes counterfeit products.

• Account Terminated. In addition to removal of ad, advertiser’s account is terminated.

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Efficient tools to enforce Google’s Counterfeit Policy

PROACTIVE EFFORTS : Automated Tools

• Repeat infringements : sophisticated tools to avoid repeat infringements, based on URLs and advertiser’s personal information (such as e-mail or credit card number)

• Effective. 95% of accounts terminated on counterfeit grounds as a result of detection by our automated tools.

• Long Term Commitment. Ongoing efforts to continually improve counterfeit efforts due to counterfeiters attempts to avoid detection

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ADWORDS TRADEMARK LINKS & CONTACT INFO

• Policy: http://adwords.google.com/support/aw/bin/answer.py?hl=en&answer=6118

• Form: https://services.google.com/inquiry/aw_tmcomplaint

• Email Alias: ads-trademarks@google.com

ADWORDS COUNTERFEIT LINKS & CONTACT INFO

• Policy: http://adwords.google.com/support/aw/bin/answer.py?hl=en&answer=6118

• Form: http://services.google.com/inquiry/aw_counterfeit

• Email Alias: ads-counterfeits@google.com

Relevant Links and Contact Information

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IV. Cookies

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Cookies

http://www.youtube.com/watch?v=dhUFxaauNTE

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Cookies (just in case)

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Cookies – turning into a monster?

• ePrivacy directive –implemented by 25 May 2011- still ongoing

• Information: a user be “provided with clear and comprehensive information” about the cookies a website places on his or her machine,

• Consent: and that the user “has given his or her consent” – implied consent –browser settings –other application: website settings

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Thank You