Google Confidential and Proprietary Trademarks on the Internet: Problems and Solutions Terri Chen September 2012

Google Confidential and Proprietary Agenda Introduction to Google Trademarks and Intermediary Liability Google’s Approach: Trademark & Counterfeit Policies

Google Confidential and Proprietary Introduction to Google Brand Owner Intermediary Platform

Google Confidential and Proprietary Trademark & Intermediaries Trademark law focused on consumer protection from confusion over source of products/services Linguistic monopoly over common words and phrases Complexities with multiple owners of same mark across different lines of commerce and jurisdictions (eg DELTA) Different from copyrights Intermediaries not in position to be trademark judges Harm of incorrect takedowns: stifling legitimate speech, commerce and competition (resellers, comparative claims, gripe sites, critical product reviews, parodies) We take a balanced approach for appropriate platforms

Google Confidential and Proprietary Online Advertising: Google AdWords *

Google Confidential and Proprietary 6 Keyword: In most countries policy allows ads to display against a keyword that is a trademark. Ad Text: In all countries policy prohibits display of ads incorporating third party trademarks in ad text (upon a valid complaint submitted by the trademark owner). Limited Exception: in the US, CA, UK and IE, resellers and informational sites can use a TM in ad text without a TM owner’s authorization if they meet certain criteria. AdWords TM Policy Overview

Google Confidential and Proprietary 7 Google’s policy prohibits the sale or promotion of counterfeits in AdWords program -Counterfeiters cause a bad user experience and cost us resources -Google uses a combination of automated and manual reviews to detect violations and enforce policies -Google’s streamlined, online procedures makes it easier for brand owners to report counterfeiters -Google wants to work collaboratively with brand owners to better identify and deal with counterfeiters AdWords Counterfeit Policy

Google Confidential and Proprietary * Different Issues at Stake. Different Policies. AdWords Trademark Policy Use of a third party’s trademark in an ad (as a keyword or in the ad text) to promote genuine goods. May be permissible subject to AdWords Trademark Policy. AdWords Counterfeit Policy Relates to ads that promote counterfeit goods. No use of a trademark in connection with an ad is necessary. NEVER permissible. AdWords Trademark Policy v. Counterfeit Policy

Google Confidential and Proprietary Proactive Efforts Proactive Ongoing efforts to continually improve counterfeit efforts due to counterfeiters attempts to avoid detection Combination of automated and human review Automated tools to detect advertisers and ads promoting counterfeit goods Risk models to catch repeat offenders trying to abuse system 95% of accounts terminated on counterfeit grounds as a result of detection by our automated tools

Google Confidential and Proprietary Reactive Efforts

Google Confidential and Proprietary YouTube Trademark Complaint *

Google Confidential and Proprietary YouTube Counterfeit Complaint *

Google Confidential and Proprietary Free Speech/Parody

Google Confidential and Proprietary Non-Trademark "Use"

Google Confidential and Proprietary Questions?