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New Tool Searches for Brand Use, Infringement in Search Ads

OneUpWeb launched a tool designed to monitor brands' trademarks employed on search engines. Added as part of the firm's ROI Trax software, the application ferrets out uses of trademarks and takes screenshots when found. OneUpWeb distinguishes from among three primary forms of competitive brand use. Using another brand as a keyword trigger has been controversial, but likely does not fall afoul of trademark protections, as it does not tend to create consumer confusion. Using someone else's brand in the copy of an ad is more often likely to cause such confusion. But there are legitimate uses of competing brands in ads and ad targeting used today in print and other media, for instance competitive claims, like the Pepsi Challenge or statements of price comparison. OneUpWeb's new product - and the press release pushing it - plays on brand legal fears that failing to enforce trademarks may dilute the brand's ability to hang on to its intellectual property.

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