I saw this on the Information Week Newsletter and it seems simple 
enough, but think of the ramifications.  It seems that ARMA should;  or 
the Listserv should, speak out against such business practices.


Yahoo Limits Advertising With Competing Trademarks

> Yahoo plans to stop allowing advertisers to buy ads against searches 
> on their competitors' trademarks. But Google continues the practice, 
> and lawyers say it's undetermined whether the ads are legal.
_______________
Part of the article was as follows:

> The issue of trademarks has become increasingly fractious for search 
> engines. In January, CNG Financial Corp., an Ohio-based company that 
> owns some 1,300 Check 'n Go stores nationally, filed suit against 
> Google claiming that Google's sales of trademarked keywords harms its 
> business by helping competitors poach customers. In its financial 
> statements, Google has warned that adverse legal rulings in this area 
> could impact its revenue.
>
> While Google will prevent advertisers from using a trademarked term in 
> ad text when the trademark owner objects, it allows trademarked 
> keywords to be purchased. The issue remains far from resolved, though 
> a recent court ruling suggests Google's approach may be lawful.

If they allow one company to buy the rights to another's trademark, 
they can divert all searches for a competitor's web site to their web 
site.  Then the next step is to allow Big & Large Corp to buy the 
rights to all advertising for a given product.  For our Listserv 
understanding lets use  fold up records storage boxes.  If every search 
always diverts you to Big & Large, you are denied the value of the 
Internet. You will only be able to find info on Big & Large Boxes.  
Being able to purchase the search rights to another's product trademark 
is the first step and then you buy the right to the entire genre.  This 
subverts the open market.  The growth of Google as the dominant search 
engine promoting this process denies free market activity. This may 
drive smaller competitors out of business.  What if China buys Google 
and then only allows Chinese products to be represented.  Certainly we 
in America would adjust but small companies could be hurt.  Since this 
is an information issue it seems to be a records management issue.  (Or 
I might be off topic Big time.  This is for the List to determine.  But 
this is at least interesting. )

Isn't this in essence restraint of free speech ( or restraint of paid 
speech)?

As records managers where searching for files, words and products is a 
big part of what we do, this is an infringement on that ability.  While 
this is the first creep in this area, if one can buy the rights to 
another's name then everything else is just as easy for the large 
company to deny the market competitive activity.

I guess once we accepted "Pay per Click" this was inevitable.  At least 
Yahoo has drawn a line in the sand.


Hugh Smith
FIRELOCK Fireproof Modular Vaults
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