Utah to Legalise Keyword Monopolies
Companies who rely on keyword advertising methods such as Google’s AdWords will have a more difficult time if a law recently passed by the Utah legislature is allowed to remain on the books. The Trademark Protection Act makes it possible to register keywords with an “electronic registration mark” in Utah, and then prevent competitors from using that mark.
Keywords that are eligible to become electronic registration marks must be used to distinguish one product or service from another, so it seems unlikely that generic terms like “search engine optimisation services” could be included. However, many companies target competitors’ names and products in keyword ads to inform searchers about other alternatives – which I believe is a useful service for consumers.
It is also very difficult to enforce this law, since only companies who register in Utah would be affected. Forcing the search engines to determine which trademarks also have electronic registration marks would be burdensome.
I think that putting the desires of companies above the good of the consumer is a bad policy for Utah to follow. If a company wants to advertise on its own trademarked names, it is free to compete just like any other business. And the chances are high that they are already receiving better results in the (more effective) natural results pages. Utah should rethink its position.
This entry was submitted by Lewis Meakin. Lewis is also one of the primary writer for UK property market blog and has written lots of different articles to do with mole removal UK .