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In california, can you get sued for using same PPC keywords as competitor?

Discussion in 'BlackHat Lounge' started by AckAck, Apr 7, 2016.

  1. AckAck

    AckAck Jr. VIP Jr. VIP

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    I know it's a stupid ass question.

    But I was recently snatched up by a competitor, same location and niche. My current boss tried to counter offer me to stay and I said no, since I already signed a year lease at new location (paid for my new boss)

    Then he proceeds how he can sue (or whatever) to my new employer for using same tactics which consist of adwords and a certain blog format we have (that thousands around the world are using) My boss thinks since he spent millions on marketing using certain keywords and somehow im going to use those same keywords, which i fucking have to! lol, but he never fucking created any in-house adwords program or thought of a bot idea. How the fuck can sue someone for using dictionary keywords in PPC?? Yes it's same industry but i can figure out somoenes PPC within minutes.

    I dont remember signing any contract while working for my current company of 7 years.

    First:

    1. I was already an adwords whiz from the start
    2. The bot that was created can be created within 1 day...we fired a guy who created the bot and then I had someone to recreate a better version. Now they are saying I cant use that either. Funny thing is, since I'm hourly (which i got laughed at my current employer) that bot was created at my house with my guys from upwork.

    My new employer is going to pay me 150k, when I was only making barely half of that for 7 years with no raise, salary or paid time off.

    At the end of they day, my current boss just doesn't want me to increase is budget if we're competing in same market. I get that.

    At lunch, i told my ex-boss/current, why he would want to destroy my family and this golden opportunity for me. Fucking sociopath!!
     
    Last edited: Apr 8, 2016
  2. AckAck

    AckAck Jr. VIP Jr. VIP

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    I gotta text from current boss...about my "fiduciary duties" or else he has no choice
     
  3. jazzc

    jazzc Moderator Staff Member Moderator Jr. VIP

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    He's trying to scare you.
     
  4. BigTroll

    BigTroll Jr. VIP Jr. VIP

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    Give someone $200-300 to run some negative campaigns over his business.
    Or if he's a public person, make a blog and describe the horrible way in which you were treated/abused on those 7 years :) be inventive.
     
    Last edited: Apr 8, 2016
  5. mudbutt

    mudbutt Jr. Executive VIP Jr. VIP

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    what does the bot do?
     
  6. neu009

    neu009 Senior Member

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    Ok, well you can pretty much get sued for nonsense, whether they will prevail is a different answer ...

    - You can bid on exactly the same terms, especially if they are non branded etc. no fucking court will rule against that
    - You can pretty much bid on branded terms as well but do NOT use them in your ad copy. While there have been some suits before mostly they lost, only one case I am aware of where the judge ruled that potential customers could have been confused by the other competitor bidding on the branded term. If the other brand filed a trademark with Google they will just disallow your keywords/ads anyways.
    - Was the bot filed as a patent? Probably not so if its not the exact same one but something built on an idea solely then I doubt there is any data to back up his claims.

    All in all laugh at it, probably talking out of his ass. I have experience in the field managing 6-7 figures a month and the worst has been C&D no suits and I am sure all these competitors have more money than your ex boss.
     
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  7. umerjutt00

    umerjutt00 Jr. VIP Jr. VIP

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    I am not an expert but I don't think you will get sued for this. Everyone's free to bid on any PPC kw they want.
     
  8. AckAck

    AckAck Jr. VIP Jr. VIP

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    like google alerts but on sterioids
     
  9. Digitalist

    Digitalist Registered Member

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    If you take something that was purchased by his business then sure he could come after you. That's easily mitigated by having the new boss purchase the bot from the developer or pay someone to have it recreated. I highly doubt that someone went through the hassle of securing their IP so good chance you are in the clear.

    Good thing you got out from under that guy though. Sooner or later he would have dropped the axe for some BS given his response to you taking a new opportunity.
     
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  10. Zwielicht

    Zwielicht Moderator Staff Member Moderator Jr. VIP

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    As you already know, you compete against other bidders in Adwords for the same or similar keywords. I've never heard of anyone trademarking an Adwords tactic.

    You probably won't get very far suing someone over a blog format that's used by thousands of other issues. However, if you were using a theme they created, then I would imagine that would cause issues.
    But who owns the bot, you or your employer? Check the contract you had with your previous employer to see if any programs you created for use in the company is owned by the company.
     
  11. ZionIce

    ZionIce Jr. VIP Jr. VIP

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    I don't think this will happen