AdWords - Harvard University

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November 18,2013AdWordsWilliam Fisher 2013, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.

Google’s Changing Policies: USANovember 18,20132000-20042004-20092009-presentPurchasing others’TMs as AdwordsNo if TM ownerobjectsOKOKInserting others’TMs in paid AdsNo if TM ownerobjectsNo if TM ownerobjectsOK if:(1) Buyer is resellerof TM products;(2) Buyer makes orsells parts forTM product(3) Buyer offerscomplementaryparts(4) Buyer providesinformationabout orreviews TMproduct 2013, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.

November 18,2013Zones and Labels 2013, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.

2013, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.

2013, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.

A 2013, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.

BA 2013, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.

BAC 2013, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.

BAC 2013, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.

BAC 2013, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.

BAC 2013, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.

BAC 2013, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.

BAC 2013, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.

BAC 2013, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.

BAC 2013, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.

November 18,2013 2013, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.

November 18,2013 2013, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.

November 18,2013? 2013, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.

November 18,2013 2013, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.

November 18,2013 2013, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.

November 18,2013 2013, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.

November 18,2013 2013, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.

November 18,2013Examples of Paid Links 2013, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.

2013, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.

2013, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.

2013, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.

November 18,2013 2013, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.

2013, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.

2013, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.

2013, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.

November 18,2013 2013, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.

2013, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.

2013, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.

2013, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.

November 18,2013 2013, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.

November 18,2013 2013, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.

2013, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.

November 18,2013How Common are Links ofthese Sorts? 2013, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.

Source: Franklyn & Hyman, 26 Harv. JOLT 2013November 18,2013 2013, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.

Source: Franklyn & Hyman, 26 Harv. JOLT 2013November 18,2013 2013, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.

Source: Franklyn & Hyman, 26 Harv. JOLT 2013November 18,2013 2013, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.

Source: Franklyn & Hyman, 26 Harv. JOLT 2013November 18,2013 2013, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.

E.g., Pricegrabber.com or eBaySource: Franklyn & Hyman, 26 Harv. JOLT 2013November 18,2013 2013, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.

E.g., Pricegrabber.com or eBaySource: Franklyn & Hyman, 26 Harv. JOLT 2013November 18,2013 2013, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.

E.g., Pricegrabber.com or eBaySource: Franklyn & Hyman, 26 Harv. JOLT 2013November 18,2013 2013, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.

November 18,2013Counterfeiters In addition to these types of paid links (allof which are compatible with Google’spolicies), A significant number of Links arepurchased by individuals or companiesselling counterfeit goods– E.g., Rosetta Stone 2013, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.

November 18,2013 2013, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.

November 18,2013 2013, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.

November 18,2013 2013, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.

November 18,2013Consumers’ Expectations andAttitudes 2013, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.

November 18,2013Survey Data from:David Franklyn & David Hyman,“Trademarks as Search Engine Keywords,”26 Harvard Journal on Law and Technology No.2 (2013) 2013, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.

2013, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.

November 18,2013 2013, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.

A 2013, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.

BA 2013, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.

BAC 2013, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.

November 18,2013 2013, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.

November 18,2013 2013, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.

November 18,2013? (Tushnet) 2013, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.

November 18,2013 2013, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.

November 18,2013 2013, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.

November 18,2013 2013, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.

November 18,2013Policy Questions Which, if any, of Google’s policies andpractices should give rise to liability? Which, if any, of the ways in whichpurchasers of adwords use Google’ssystem should give rise to liability? 2013, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.

Google’s Changing Policies: USANovember 18,20132000-20042004-20092009-presentPurchasing others’TMs as AdwordsNo if TM ownerobjectsOKOKInserting others’TMs in paid AdsNo if TM ownerobjectsNo if TM ownerobjectsOK if:(1) Buyer is resellerof TM products;(2) Buyer makes orsells parts forTM product(3) Buyer offerscomplementaryparts(4) Buyer providesinformationabout orreviews TMproduct 2013, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.

2013, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.

November 18,2013 2013, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.

AdWords William Fisher. Google's Changing Policies: USA 2000-2004 2004-2009 2009-present Purchasing others' TMs as Adwords No if TM owner objects OK OK Inserting others' TMs in paid Ads No if TM owner objects No if TM owner objects OK if: (1) Buyer is reseller of TM products;

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