Trademarked Lawyer Inquiry

[meiresource]

Hello everyone,

I want to find a really good lawyer to fight for my trademarked keyword and content when it comes to Google Adwords and Bing Adcenter.

Does anyone know of a good lawyer who could help with this? I have used a few already but they all just take your money and will get the process started, but as soon the the othe rparty's lawyer get involved, they will just request more money in order to continue and will not go the full distance.

Thanks in advanced.

 

[GreyKnight]

I think you are in the wrong forum, friend.
I think nobody here is a lawyer.

Anyway, can you explain a little of your problem?
Do other parties use your brand for their site? Or use your trademarked name to sell things on their site?
In that case, I think you can use DMCA takedown request.

 

[Trepanated]

So basically, you are looking for a lawyer who will work for free?

Lawyers charge by the hour, so every time they need to do more work, you need to pay them more money.

 

[meiresource]

No No, I am willing to pay. As I have spent almost $10k on 3 lawyers so far and they have yet to remove any of my competitors bidding on my keywords on both Google and Bing.

I have also contacted their registrar and hosting company, but what they did next was moved their hosting company offshore etc...

Basically they are using my trademarked term and sending people to a fake review page they wrote about my product which are not true, then they recommend their own product trying to fool the consumers into believing that their product are the best etc...

So basically, you are looking for a lawyer who will work for free?

Lawyers charge by the hour, so every time they need to do more work, you need to pay them more money.

 

[the_demon]

If they are offshore they likely aren't subject to the laws of your country so there realistically might be absolutely nothing you can do about it legally.

perform this search, click the first result: file dmca notice with google

That might help you get their site removed from Google, do the same thing w/ the other engines.

 

[Trepanated]

Is the product your own? I assume it is if you are saying you own the trademark?

Is the company using your trademark in the adverts, or are they just using the keyword to trigger the adverts?

I believe (but I may be wrong) that there isn't much you can do about the latter, but you can file a trademark complaint with Google for the former. You don't need a lawyer to do this, although using lawyers may make it more likely Google will take you seriously. It certainly should not cost $10K to do that.

If you can prove they are making false claims about your product then you can take action against them but as the-demon said, depending on where they are based that could prove difficult.

You could as a last resort go BlackHat on them - if they were to suddenly find none of their ad clickthroughs resulted in sales they may decide they are wasting their money. Google have sophisticated detection systems so you'd need to be very careful with this option.

 

[Vrill]

First of all use a good lawyer who will get his pay from the other party.
Second create a clickbot.Click at their advertisement massivly so their cost will explode
Third trace their offshore hosting and claim something what is ilegal in their country.Many offshore companies will delete the hosting once you say the right sentence which could cause them trouble but its diffrent for each country
fourth file dmca yourself to google without a lawyer
Fifth if the offshore hosting wont close his account just take url of their largest files on their website (like images) go to an adultboard ,pay somebody $50 to hotlink this images with chinese bs traffic and his host will kick him for sure

 

[steelballs]

I know there are some lawyers here on BHW as one contacted me around one year ago...

I will look later and see if I can find his BHW user name...

 

[dobsonFly]

I actually just happen to know a copyright infringement lawyer who's schedule conveniently opened up today.

 

[MAC-11]

What makes you think that people are not allowed to use your keyword?

Dont you believe that people should be allowed to make a website about whatever they want? It just so happens that its a review of your product thats suggesting a different one instead.

That just means you need to work harder now, You are wasting money trying to fight this, save your money and invest 10k in something else.

From adwords Policy: "[h=3]Trademark terms used in keywords[/h]Google will not investigate or restrict the use of trademark terms in keywords, even if a trademark complaint is received."

And

"An ad can use a trademarked term in its text if either of these conditions is true:

• • the ad text uses the term descriptively in its ordinary meaning rather than in reference to the trademark
  • the ad is not in reference to the goods or services corresponding to the trademarked term

 

[meiresource]

Wow, very insightful ideas from all of you.

Thanks so much for all the advices. I will try them all one by 1 by 1 to see if I get any results and will update the thread.

P.S: Yes we do own the trademark name for our product.

 

[dabclub]

im in the same delima

 

[meiresource]

Hey, what situation are you in. Maybe we can help each other with what we know and what have been shared with me through BHW.

im in the same delima

 

[aaronklaw]

I think you are in the wrong forum, friend.
I think nobody here is a lawyer.

Anyway, can you explain a little of your problem?
Do other parties use your brand for their site? Or use your trademarked name to sell things on their site?
In that case, I think you can use DMCA takedown request.

wrong I'm a lawyer