Keyword Ownership: What it is and Where it's Headed

Written by Richard Zwicky

Continued from page 1

The Legal Question Each ofrepparttar companies offering these services has a policy designed to ensure that a web site only buys keywords related to their content, and their review process is designed to keep cybersquatters from hijacking popular names and products. Unfortunately, there is no way to guarantee that any one of these keyword ownership services adheres to any naming standard, or even ensures that any purchaser hasrepparttar 127986 legal right to any ofrepparttar 127987 terms they are buying. This means thatrepparttar 127988 rights to copyrighted material like "Pepsi" or generic words like "business" could end up inrepparttar 127989 hands ofrepparttar 127990 first buyer. While Pepsiis a well known brand name, there are millions of copyrighted and trademark protected terms, covered in multiple jurisdictions. For these services to police copyright and trademark infringement would not be cost effective or practical.

Inrepparttar 127991 summer of 1999,repparttar 127992 U.S. Court of Appeals forrepparttar 127993 Ninth Circuit, denied Playboy's request for an injunction barring a search engine from selling advertising based onrepparttar 127994 terms playboyand playmate. Inrepparttar 127995 precedent setting ruling regarding keyword advertising, Judge Stotler ofrepparttar 127996 United States District Court in Santa, Ana, California, dismissed a lawsuit brought by Playboy Enterprises againstrepparttar 127997 search engine Excite, Inc. and Netscape. The ruling limitedrepparttar 127998 online rights of trademark holders, as it recognized that a trademark may be used without authorization by search engines in advertising sales practices.

Playboy claimed thatrepparttar 127999 search engines were displaying paid banner ads from pornographic web sites whenever "playboy" or "playmate" were used as a search term. Asrepparttar 128000 owner ofrepparttar 128001 trademarks for both terms, Playboy argued thatrepparttar 128002 use of its trademarks for a third party sales scheme was trademark infringement and branding dilution.

Inrepparttar 128003 ruling dismissing Playboy's case,repparttar 128004 Judge found that Excite had not usedrepparttar 128005 trademarks "playboy" and "playmate" in an unlawful manner. This was because Excite had not usedrepparttar 128006 trademarked words to identify Excites own goods or services and therefore trademark infringement laws did not apply. It was further determined that even if there was trademark usage, there was no infringement because there was no evidence that consumers confused Playboy products withrepparttar 128007 services of Excite or Netscape.

What about within Meta Tags? Is it illegal to use trademarked terms in your meta tags? Sometimes. The problem occurs with how and why you are usingrepparttar 128008 terms. Web sites that userepparttar 128009 tags in a deceptive manner have lost legal battles. However, legitimate reasons to userepparttar 128010 terms have resulted in successful defenses.

In a case involving Playboy,repparttar 128011 firm was able to prove trademark infringement, based on use of their trademark in meta tags, url and content onrepparttar 128012 web site. The case was filed byrepparttar 128013 firm against web site operators for stuffing their web pages withrepparttar 128014 words Playboyand Playmatehundreds of times. Furthermore,repparttar 128015 defendants were also usingrepparttar 128016 terms Playboy and Playmate inrepparttar 128017 site names, URLs, and slogans. In this caserepparttar 128018 Judge ruled for Playboy, as there was a clear case of trademark infringement.

Inrepparttar 128019 separate case, Playboy vs. Terri Welles,repparttar 128020 court refused Playboys request. The reason was simple. Terri Welles was Playboy's 1981 Playmate ofrepparttar 128021 Year. She had usedrepparttar 128022 terms "Playmate" and "Playboy" on her web pages and within her meta tags, andrepparttar 128023 Court felt she had a legitimate right to use them to accurately describe herself, and to ensure thatrepparttar 128024 search engines could catalog her web site properly within their databases. Playboy's appeal was dismissed on Feb. 1, 2002.

In Summary It is clear that if you have a legitimate reason to use a trademarked word or phrase in your web site you can. You may also rent their ownership from one ofrepparttar 128025 keyword ownershipcompanies. Be careful, though, it is possible that may get sued.

Doesrepparttar 128026 technology work? Yes, but only for some ofrepparttar 128027 approximately 3% of Internet users worldwide who have installed any one of a variety of competing plugins that enable this type of searching. I stress a fraction ofrepparttar 128028 3%, as you would need to buyrepparttar 128029 keywords from each individual vendor to ensure reaching all 2%.

Richard Zwicky is a founder and the CEO of Metamend Software,, a Victoria B.C. based firm whose cutting edge Search Engine Optimization software is recognized as the world leader in its field. Employing a staff of 10, the firm's business comes from around the world, with clients from every continent. Most recently the company was recognized for their geo-locational, or GIS, along with their phraseology technology and context sensitive search technologies.

Five tips to improve your chances with Google et al.

Written by David Leonhardt

Continued from page 1

4.What'srepparttar title of your page? I don't know how many times I see titles such as "Article" or "Contact us". Don't expectrepparttar 127985 search engine robots to get all excited about that term. And don't expect anybody to search for that term, either. Much better to title your page "Free article on safe toys for babies" or "Contactrepparttar 127986 *Baby Toy Expert* today". Byrepparttar 127987 way, this isrepparttar 127988 single most important place to include your keyword phrases.

5.What about that navigation menu that appears on every single page of your website? Does it say "Contactrepparttar 127989 baby toy expert?" Or "aboutrepparttar 127990 baby toy expert". Or links about baby toys?" Need I say more?

If your website is about life insurance, you have little hope of hittingrepparttar 127991 front pages of any search engine. "Life insurance" is such a competitive search engine marketplace. Unless, of course, people are searching for a very specific and rare niche. Even then, I suspect you will need much more than these five tips.

In fact, there are dozens, if not hundreds of things you can do to winrepparttar 127992 search engine race. These top five search engine optimization tips are a great start, whatever your website is about.

Discover how to climb the rankings the RIGHT way: Pick up a copy of Don't Get Banned By The Search Engines at . Or promote your website with a media relations plan at or profit from more free publicity ideas at . To optimize your site:

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