#1. Trademark Infringement in Paid Search Ads

I'm not sure why, but such is the nature of PR people that they almost never include clients' URLs in press releases or emailed story pitches. So I frequently go to search engines to find somebody's client's site, and see if we should write about them.

It's not always easy to find the link even then because so many marketers are buying paid ads against their competitors' names. So, there you are looking for Acme Company and five of Acme's direct competitors spring up to coat the results screen.

So I was extremely interested to hear about new study results from an outfit called NameProtect(R).

This month, they analyzed the paid search ads that appeared on Yahoo! and Google against the trademark terms associated with America's top 100 brands (as ranked by Interbrand and BusinessWeek).

- 92% of the top 100 brands had third-party ads appear in search results against their names.

- Of these paid search ads, 98% included the actual brand name in the ad. So the trademarked brand name was in the text of the third-party ad. (This is a critical factor in determining whether the sponsor is violating trademark rights.)

- 45% of the ads were for directly competitive and potentially unlicensed offerings. Others were for related offers.

- Just 7% of the paid ads were placed by the actual brand owner.

So, the big brands are currently not protecting their trademarks very aggressively in paid search. I guess big companies move more slowly than nimble competitors. However, I've heard the courts don't tend to look favorably on brands that have a history of leaving their trademark out defenseless and unprotected in the cold competitive world, even if it is the brave new world of search.

Time to call legal and get those cease-and-desist letters flowing!

Thanks for your support,

Anne

Anne Holland - Publisher
MarketingSherpa

P.S. As always, our Case Studies and articles are open access for about 10 days. Then they go into SherpaLibrary where you can research for a small fee. The links always remain the same.
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CASE STUDIES

#2. How to Beat a Big-Budget Business Competitor with a Clever Little Space Ad (Really Fun Creative Samples Included)

Are you an underdog marketer? Do you have a giant competitor with a bigger budget and more famous name? You'll love this Case Study...

Learn how a technology company that competes head-to-head with Cisco invented a clever low-budget ad campaign that prospects adore. Includes creative samples and WSJ results data:
http://www.marketingsherpa.com/sample.cfm?contentID=2793
(Open access until Aug 28th)

#3. Ultra-Segmenting Your List to Increase Response Rates, Lifetime Value, and Offline Sales (Creative Samples Included)

Do you want to make consumers on your list so happy to get your email that they'll continue to open, click, and respond for months... and even years to come?

Marketers for Cetaphil skin care line have invented a relationship email campaign so targeted that they send out up to 3,000 *different* versions of their monthly newsletter to consumers.

Yes, this ultra-segmentation is paying off. Here's how the campaign works, plus results data and creative samples:
http://www.marketingsherpa.com/sample.cfm?contentID=2794
(Open access until Aug 29th)

PRACTICAL KNOW-HOW

#4. Brand Marketing & Rock & Roll: How T-Mobile, Coke, Bank One & Rolling Rock Beer Use Concerts

Ever considered sponsoring a rock concert? We asked expert Darin Wolf for his advice on what works. Our article includes:

How to measure results.
Why free concerts may be a bad idea.
Whether you should start your own concert or tag
    your promo onto an existing event.

Enjoy:
http://www.marketingsherpa.com/sample.cfm?contentID=2791
(Open access until Aug 26th)

#5. A Behind the Scenes Look at Lillian Vernon's Multichannel Challenges
Talk about multichannel marketing -- Lillian Vernon's customers placed more than 3.8 million orders in fiscal 2004 via the company's six catalogs, 13 retail outlets, and a growing ecommerce site.

We asked President Jonathan Shapiro to reveal the challenges of operating as a direct response retailer in so many mediums:
http://www.marketingsherpa.com/sample.cfm?contentID=2792
(Open access until Aug 28th)

#6. PR Interview: How to Get Your CEO onto Canada's Only Primetime Business TV Show

More than half a million Canadians (and some US viewers) watch The Business News, an hourly primetime show. Producer Grant Ellis tells us he's seeking CEOs to be interviewed on air -- and it's not limited to Canadians-only. Is your CEO right for this show? Find out:
http://www.marketingsherpa.com/sample.cfm?contentID=2789
(Open access until Aug 23rd)

#7. Fame Briefs: Caples Gets Creative and Upcoming Deadlines

Every week we list the newest upcoming advertising, marketing and PR awards you can nominate yourself for, plus any open speaking gigs we hear about. Quick and fun:
http://www.marketingsherpa.com/sample.cfm?contentID=2632
(Open access = permanent)

#8. Help Wanteds: 21 New Jobs and 4 New Seekers Available

This week's new postings include positions from AOL, BabyCenter, Expedia.com, Bitpipe, New Line Cinema, and Sports Endeavors. Plus, learn how to post your own opening (complimentary service).
http://www.marketingsherpa.com/sample.cfm?contentID=2522
(Open access = permanent)

#9. Book Contest: Rivers of Revenue

"We've all been blindsided," Kristin Zhivago says. "One minute you're living your familiar life: you've got it under control, you know how to do your job, and you're able to meet all of your obligations. Then. WHAM, out of nowhere something fundamental changes.

"Suddenly you're Wile E. Coyote, already off the edge of the cliff... and you know you're going down."

Zhivago's inspirational new book, 'Rivers of Revenue: What to do when the money stops flowing' will help you:

• Figure out what you really want to be doing with your life.
• Find out what your customers and prospects truly want, so you can be their favorite supplier.
• Stop wasting time on ideas that won't pay off.