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eBay Takes Tough Stance on Searches of Trademarks

AuctionBytes.com: eBay Bans Google Keywords

AuctionBytes reports that eBay has started attempting to enforce its trademarked name (and several common related phrases) where it has been used as a paid search term.

As a search marketer, one can see why eBay's might like to be able to do this. In an auction marketplace, or quasi-auction as in the case of Google AdWords, marketers compete for position based on price and clickthrough rate. If you are in the system alone, with no competition for your keywords, your spending need be lower, and there is no chance of a searcher looking for you getting confused and ending up somewhere else.

Here lies the crux of the conflict. In eBay's case, there was not a channel conflict issue, as there is with most such brand conflicts. Here, eBay hopes to eliminate ads tangentially related to eBay.

In most cases, search conflicts with brand names relate more to channel conflict. Nike may wish it could lock in its name as a keyword, but there are thousands of online and offline retailers selling Nike, all of whom may want to purchase the keyword.

Similarly, online stores may have affiliate programs and find themselves bidding against their affiliates for their brand. That is why many etailers have instituted policies for affiliates relating to the core brand. But in these cases, the etailer generally threatens the "violator" with expulsion from the affiliate program, not with a visit from trademark lawyers.

If you have an interest in this area, it will likely be covered in eTail, starting August 11th, SES, the following week or affiliatesummit and AD|TECH, both in November.

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