US court orders online advertiser to use 'negative keywords'
A US court has ordered a company to use 'negative keywords' to avoid being associated with another firm's trade mark. The innovative order was one of a series of measures ordered by the judge. Orion Bancorp took Orion Residential Finance (ORF) to court in Florida over ORF's use of the word 'Orion' in relation to financial …
... a judge who understands the Internet and can incorporate that knowledge into their judgements! Get them training the others, quick!
If these people can only advertise on ad networks that allow exclusion of ads based on certain words, that's limiting the businesses with which they are allowed to market. Sure, they probably wouldn't want to use any ad network that didn't offer those features anyway, but this seems like an overly broad restriction on their trade if it requires them only to use certain companies.
If I read this ruling right, all I have to do is make up a company whose name is a common term like "shoe" or "computer" or "boob" or "gold", and nobody else can ever use that term for advertising again!
I've just trademarked my own Website named "Shoe-Boob. Computer-Gold!". Pay up, buddy.
Guess the Astronomy community is too big to sue. Or the trademark would get revoked since those stars have been around an awfully lot longer time than the company.
Sir, you are infringing on Shoe LLC (pronounced Shway) and ShoeboOB (Shoebo (pronounced shway-bo) Outer Businesses). If you cease and desist all activities now, including breathing, we will give you a 10% discount on our default judgment against you (for your failure to appear in court as I was typing this).
Isn't Viagra a trademark, perhaps that should be come a negative adword
...and they don't sell financial products.
Trademarks are about similar or related businesses, there has to be some element of confusion with the two companies activities.
A member of the Orion Syndicate might come calling...
Will the real "FIRST NATIONAL BANK" please step forward
I guess first one to the court room wins?
