Trade marks and AdWords
My latest Computerworld article is now online:
- AdWords and trade marks: taking care of business, Computerworld, 15 July 2010
I know at least one New Zealand company is currently attempting to “peacefully” resolve a trade mark-AdWord situation. It could be some years, though, before a New Zealand court case emerges. The EU and Australian decisions (and a further ruling last week) are fairly orthodox (helpfully so), and there’s no reason that the same wouldn’t apply in New Zealand. In short, trading off other’s trade marks is a risky business. It can also be expensive – not just because of the possibility of being sued (which is usually a last resort and, in the scheme of things, relatively uncommon) but also due to being forced to change or abandon advertising efforts.
On a related note, for new businesses starting up, key steps before settling on a business / product / service name are:
- Search the Companies Office for similar company names.
- Check domain names (not just for availability but for similar names).
- Check trade marks (again, not just for identical matches but similar ones too).
- Check Google.
It’s a lot easier to get a “clean” name / brand at the outset than have to change it down the track.
