Trademarks, Competitive Advertising, and AdWords – An Added Value, Liability, or Unnecessary Complexity? June 14, 2017 Latham & Watkins operates worldwide as a limited liability partnership organized under the laws of the State of Delaware (USA) with affiliated limited liability partnerships conducting the practice in the United Kingdom, France, Italy and Singapore and as affiliated partnerships conducting the practice in Hong Kong and Japan. Latham & Watkins practices in Saudi Arabia in association with the Law Office of Salman M. Al-Sudairi. In Qatar, Latham & Watkins LLP is licensed by the Qatar Financial Centre Authority. © Copyright 2012 Latham & Watkins. All Rights Reserved. Agenda Online Keyword Advertising Basics • Overview of Trademark Law and Keyword Advertising • AdWords = Trademark Infringement? • Historical and Current Views • Summary • Online Advertising Basics: Keyword Advertising Latham & Watkins operates worldwide as a limited liability partnership organized under the laws of the State of Delaware (USA) with affiliated limited liability partnerships conducting the practice in the United Kingdom, France, Italy and Singapore and as affiliated partnerships conducting the practice in Hong Kong and Japan. Latham & Watkins practices in Saudi Arabia in association with the Law Office of Salman M. Al-Sudairi. In Qatar, Latham & Watkins LLP is licensed by the Qatar Financial Centre Authority. © Copyright 2012 Latham & Watkins. All Rights Reserved. Online Advertising Basics What is keyword advertising? Paying for the delivery of online ads to consumers who • are searching for a particular “keyword” Generally, a pay per click model is used, but • impression models are available too • Ad position: The placement of an ad on the search results pages • Ad relevance: How closely related your keyword is to your ads • CPC (cost per click): The amount an advertiser is charged for a click in a PPC model. Different keywords cost different amounts. • CTR (click-through rate): The number of clicks an ad receives divided by the number of impressions it receives • Impressions: The number of times an ad is fetched and displayed • Landing page experience: Overall quality and user experience of website Online Advertising Basics Programs: Google AdWords Online Advertising Basics Programs: Yahoo Gemini Online Advertising Basics Programs: Bing Ads Paid Online Advertising Basics How AdWords Work Online Advertising Basics How to Get the Top Ad Position Ads can be at the top of • a page (Position 1) or at the bottom (Position 9) Ad position is determined • by a combination of Bid • CTR • Ad Relevance • Landing Page Experience • Creative Uses of Online Advertising Competitive Advertising