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Keyword Trademark Infringements

August 27, 2004

Remember that it's always the trademark owner's responsibility to be vigilant and proactive. It isn't the search engines' mandate or their duty to police any of these actions. So, trademark owners, the time has come to protect your marketable assets.

How to file a complaint with the search engines
Before taking any step in complaining to the various search engines, most will strongly encourage you to contact the offending party directly, letting them know that you are considering such actions serious and that you will take every step to defend your company's rights. Some search engines even post standard "Cease and Desist Letters" on their sites.

Print out such a letter and email it to the infringing party, and then you should send it by regular mail, preferably using a registered letter. If you will be using such a standard cease and desist letter, have it sent directly from your lawyers. The offending party will then know that you are serious about this matter and should treat it accordingly. Many attorneys will tell you that about 85% of trademark infringement cases are solved upon receipt of such a cease and desist letter.

Assuming the offending party has not responded within a reasonable amount of time, say about 10 days, the second step you need to take is to gather all the information you can in preparing your case for the search engines. Simply run a query in Google, Yahoo, AltaVista and Overture for all your trademarks and brand names.

With it, include your company name, services, products or any slogans your company uses in any of its advertisements, including all its offline pamphlets or catalogues. Also be sure to send them a copy of the cease and desist letter your lawyer sent them.

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Article written by Serge Thibodeau,
President & CEO,
Rank for $ales
Copyright (c) Serge Thibodeau 2004

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