Protected Search Phrases

**fizzbird** · 12-10-07

Without being specific I have a feature that hits the mid 20's on certain search terms. The reason it doesn't get in the top 10 is because a certain key phrase has been protected by copyright.

Fair enough you might say, but what if someone who has less scruples uses the term anyway?

What's 'best-practice' here? Is it 'if you can't beat 'em join 'em'; grass them up to the copyright owner; or just ignore it and work harder?

**DavidCartlidge** · 12-10-07

Is this PPC or organic?

If it is organic what is to stop you mentioning the 'key phrase' on your website?

**fizzbird** · 12-10-07

Originally Posted by Rynert

Is this PPC or organic?

If it is organic what is to stop you mentioning the 'key phrase' on your website?

It's organic and threat of legal action resulted in me removing it!

I should add they found me on a search - thus confirming the effectiveness of the term.

**DavidCartlidge** · 12-10-07

Unless you were trying to pass yourself off as them I don't see what right they have to tell you to not use it.

You could say, for example, "I recently bought some widgets from Company Trademark Name and they were really good"

How they could take you to court for that I have no idea! lol

If it is from your wedding site, pm me the company - I will mention it myself (if I don't already)

**fizzbird** · 12-10-07

Originally Posted by Rynert

Unless you were trying to pass yourself off as them I don't see what right they have to tell you to not use it.

You could say, for example, "I recently bought some widgets from Company Trademark Name and they were really good"

PM Sent - but for benefit of anyone else interested I was using the term in page titles and headings, hence referring to the term in body next probably wouldn't work for me.
However, I might consider saying company xxx is considered by many to be overpriced here are some alternatives!

**DavidCartlidge** · 12-10-07

I am using the same phrases on my site and one person does hold the trademark for one specific and 2 related terms - but unless you are attempting to trade with them I am not sure they have anything to object to?

Besides, the one that is likely to cause a problem is an anacronym, they have trademarked ABCD so I will just use A.B.C.D

**fizzbird** · 12-10-07

Originally Posted by Rynert

I am using the same phrases on my site and one person does hold the trademark for one specific and 2 related terms - but unless you are attempting to trade with them I am not sure they have anything to object to?

Besides, the one that is likely to cause a problem is an anacronym, they have trademarked ABCD so I will just use A.B.C.D

So today I have learn't that just because someone says they have rights to a term it doesn't that they really have! One to watch out for in future

**trevHCS** · 13-10-07

Basically assume that everyone is lying unless you get a cease & distist letter from their solicitor enclosing proof that said things are genuinely trademarked. Then again, if you keep your details out of the whois then they've got pretty much zip chance of sending you said letter anyway.

Aka. play dirty...!

Trev