Monday 15 January 2007

Dynamic Keyword Insertion May Lead to Trademark Infringement

As another blogger pointed out last year, when using AdWords "dynamic keyword insertion" (DKI) functionality, trademarked terms may appear in your advertisements because they are not automatically blocked.

Assuming this is still the case—and I have no reason to believe otherwise—if you are using trademarked terms as keywords, which several court cases indicate is acceptable, as well as Google's own policy in the U.S. and you are using DKI, those keywords could well end up in the actual text of the ad. This both violates Google's policies and could result in a trademark violation lawsuit against you.

So, my advice, either

a) Don't use trademarks as keywords
b) If you do, don't use DKI in any ads in ad groups that have trademarked keywords.

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