Loren Donald Pearson

Loren Donald Pearson is a Registered Patent Attorney and a Florida Bar Board Certified Intellectual Property Attorney.  He is a partner at Assouline & Berlowe, PA and leads its intellectual property group.  Read his profile

 
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Entries in unfair competition (1)

Tuesday
May282013

Google Penguin 2.0 / Keyword TM Infringement

Google is always looking for ways to improve its search results and to prevent others from gaming their algorithms. 

To that end, Google deployed its new SEO guidelines.  If you are involved with SEO, you should check out Google's video on where they are going with their algorithms (i.e. Penguin 2.0):

http://www.mattcutts.com/blog/what-to-expect-in-seo-in-the-coming-months/

Now bringing this back to trademarks...

Webmasters should not use another's trademark as a keyword or metatag on their own website.  Imagine coke.com should not be using "Pepsi" as its keyword.  Using another's trademark, might be an act of infringement and could lead to liability for trademark infringement.  A third party's complaint might injure your legitimate page rank in Google.

If you notice a competitor using your trademark (registered or unregistered), the competitor is probably committing trademark infringement.  If you have a registered trademark, you can submit a complaint to Google and have the offending site removed.  If you do not have a registered trademark, you can enforce your common-law trademark rights judicially.