Google Allowed To Auction Trademarks
The European Court of Justice has ruled that Google can auction off keywords consisting of trademarks to all Google Adwords advertisers, not just the owners of such trademarks.
This is bad news for brand name holders such as LVMH Moët Hennessy Louis Vuitton, the French luxury goods company which participated in the case and which argued that only trademark owners should be allowed to buy such terms in the case.
In the absence of definitive law disallowing the practice, Google has been selling trademarked terms in the United States and some European countries, including Britain and Ireland.
Whilst Google’s practice has attracted various lawsuits – for example, the lawsuit brought by Rosetta Stone – Google has justified its practice based on the argument that selling brand names as ad keywords to multiple bidders helps consumers find product reviews, sellers of second-hand goods and other information.
While the European Court of Justice said Google was not liable for trademark infringement for selling brand name keywords, it cautioned that individual advertisers could still be liable if their use of another company’s trademark misled consumers. Equally, Google was responsible for promptly removing ads that misled consumers.
The court said advertisers:
“cannot, by using such keywords, arrange for Google to display ads which do not allow Internet users easily to establish from which undertaking the goods or services covered by the ad in question originate.”
You should certainly get legal advice – specifically advice on the law applying in your jurisdiction – but the upshot of all this seems to be that when it comes to Google Adwords, in general:
- You can bid on terms that consist of others’ trademarks;
- Google will not be routinely policing anyone’s use of a trademark in their Google Adwords ads;
- Trade mark owners are responsible for monitoring use of their trademarks;
- Using a trademark by purchasing a keyword or using it in a Google Adwords ad may still infringe someone’s trademark;
- A trademark owner can still sue you for infringing their trademark;
- If a trademark owner complains to Google about someone infringing their trademark, Google is likely to disallow the ad and possibly the keyword from the advertiser’s campaign.
Read the full source article here: Erick Pfanner,The New York Times, March 23, 2010, http://www.nytimes.com/2010/03/24/technology/24lvmh.html
56 Twitter Tips for Business Users

I network off-line as well as online. A question I am often asked at these networking events is how to use Twitter for business. I often tell people whatever I can think of at the time and decided I must put a list together. Here’s that list and at future networking events I am going to direct people (traffic!) to this page. If you wish to add a tip, use the comments box and I’ll post it here.
1. Network with noteworthy business associates, competitors, and peers. You don’t have to simply befriend every person you can that requests you or vice versa on Twitter. Instead, choose your networking buddies carefully. Look for fellow executives or business owners who work within your particular niche. Then, follow their progress, look for advice, and of course, throw in some of your own two cents as well. By befriending people who are in the same line of work as you, you’ll get an insider’s look at how their successes compare to yours.
2. Update your audience fairly regularly, but don’t over load them. A lot of people are most likely interested in what you have to say, otherwise they probably wouldn’t have added you to begin with. This means you should be updating them on a fairly regular basis so they can keep up with what’s happening in your world or your business’ world. On the other hand, you don’t want to overload people so much that the feel of your Twitter site feels “spammy” and they turn away. Try to maintain the balance between good updating and overwhelming people with insignificant updates.
3. Use Twitterfeed to help people stay updated. Twitterfeed is basically the web-site’s answer to an RSS feed, and it’s a great way to automatically keep your followers updated without them checking your page too often. It also allows things to be updated on their own, so you don’t have to spend extra time telling everyone you have an update, it’s all done for you on autopilot.
4. Use Twitter at conferences and trade shows. When you’re out and about networking in the REAL world, don’t forget to use Twitter as an opportunity to update your customers and peers on what you’re seeing and doing. This shows them that you’re being proactive and it’s a lot of fun as well. You can tell them some funny things you might be seeing at the trade show, or maybe inform them of an interesting vendor you’ve hooked up with. By sharing your experiences as you go along, you’re creating more interest in what is happening with your business.
5. Keep an eye on what people are saying. Don’t forget that Twitter, like any other virtual conversation, is a two-way street. Pay attention to what other members are saying, and see if they’re Twittering about you. If they are, you might want to use that as an opportunity to either thank them for a nice compliment, or to make good if they are posting a complaint. Remember that you’re never 100% safe from someone who might try to talk negatively about you, your website, or anything else on Twitter. Be sure to use this to your advantage in a diplomatic way.
6. Display your Twitter profile on business cards, your website, and in email signatures. Remind people in other ways that you’re on Twitter. Some clients and customers might not know this until you pass the information along. Get a nice snapshot of your Twitter home page and then display it along with a link to the Twitter page on your actual website. Include the page’s URL in email signatures and you can even print this on the back of your business card.
7. Make Twitter another home hub. Use Twitter to display your business growth, charts, statistics, and other factual data. This way, people who prefer to watch what’s happening with you on Twitter have the same basic information and access as those who usually just visit your website.
8. Promote Events. Remember to not just update people on the comings and goings of your business, but also to get them hyped up for any big events you may have coming up. This can be anything from an appearance at a trade show to a huge seasonal sale or a launching of a new product. Always keep Twitter in mind when it comes to these updates, and remember that it can reach a lot more people than just your email subscribers.
9. Filter your traffic to other places. You can use Twitter to also steer people to other resources that you use for marketing such as a blog page or website updates. The exchange of information through Twitter can go both ways, so keep that in mind. It’s a good way to get others moving to different resources that you have available that they might not know about.
10. Find a cool template that says who you are as a company. Twitter allows users to customise the look of their home page. Use something individual and creative as your Twitter page. This can be the same graphics you use on your website, a company logo, or something you’ve customised just for Twitter. No matter what it is, make sure it’s appealing to the eyes and does not look too “busy.”
11. I used a PowerPoint slide to create my Twitter page background. You can use this as a template to design your own background. Download the templates for PowerPoint and Keynote on a Mac here: http://bit.ly/86SKzq. Remember to delete the guidelines on the slide when you are finished and save/export as a JPG image file. Then log in to your Twitter account, select ‘settings’ and upload your new background.
12. Why email when you can Twitter? Don’t send out short and sweet emails to your subscribers. Most people who sign up for emails from companies expect a monthly and at worst weekly update that is chock full of information. They don’t want to open a short email with not much to go on. Save this for Twitter, where people hunger for the short sentences and blurbs. Then, you can compile all of these over the span of a month or so into one email for the others.
13. Use a cool “follow me” graphic. There are now hundreds of different free ‘follow me’ graphics to choose from that will grab peoples’ attention. You can even customize your graphic if you want to, so people will see something distinctive about your page. Just like the template, the follow me graphics get you notice and entice people to want more information, so make sure this graphic is done well.
14. Keep it casual. Remember that Twitter is a social site, so it’s got more of a casual feel than some websites might. Make sure the posts are generally light, with a touch of humour otherwise you might lose your core audience. The purpose of following others on Twitter is so that it’s entertaining. If you post too serious or heavy posts, it might turn some readers off.
15. Sub-divide your Twitter page. You don’t have to just have ONE company page. Instead, try to come up with a page for all of your staff. This way, your customers get to know others on the team. It also adds a bit of diversity for the business, and gives people a cast of characters to follow instead of a faceless, nameless company. It also entices people to follow more so they stay connected to both you and your business.
16. Incorporate video into your Twitter page. Many people may not know that Twitter allows for multimedia additions, so feel free to include video plug-ins on your page. This makes it more exciting, and people will want to follow your postings more closely if there is a video included.
17. Divide and conquer. You can actually separate your followers into different groups. This is actually quite useful, especially if some people are customers, some are peers, some are competitors, and some are personal contacts. This way, you only update the people who care about certain things with particular tweets, while the others don’t have to see those, and vice versa. It’s a good way to hone in on your audience’s interests.
18. iTunes, iPhones, and Twitter: There are plenty of new tools available right now that incorporated into Apple’s applications. This makes your Twitter updates available to busy people who are on the go, and for people who access your page solely on their iPhones.
19. It’s not just for iPhones any more: Aside from the iPhone specific applications, there are plenty of other mobile Twitter-related applications out there you can use. Not only can your users download these apps and use them on their cell phones, but you can do the same and follow your friends and cohorts as well.
20. Inform your customers of stock status. Twitter also has tons of great features and plug-ins that will notify your customers when certain items you carry are in stock, and when they go on sale. This is an excellent way to notify people so they can make a purchase. This is also helpful for you, so you can get a jump start on your suppliers and what they are offering for you.
21. Map it out. Google Maps and many other map websites now integrate with Twitter. This can be fun to show your followers where you’re travelling, or just to show them where your business is located. It’s also handy so that you can find Twitter posters and look up where they are located.
22. Digging for other blogs through Twitter: Twitter is a great way to get some insight into other blogging websites such as Digg and other related sources. This can be a good way to not only find other peoples’ blogs, but link to them and inform other people about their content. By doing a search you can find tons of great blogs on the web that can be linked to your Twitter business account.
23. Contests are tons of fun on Twitter. Host an impromptu give-away contest on Twitter. You can do this every day, every week, monthly, whatever you choose. It’s a great way to get all of your followers to stay interested and engaged, and freebies are always a guarantee of new contacts.
24. Ask for feedback. Don’t just tell everyone what you’re doing via Twitter, try to ask everyone for their opinion or feedback. It’s a good way to start a dialogue and open up a forum for new suggestions about your services and products and changes that can be made.
25. Colours matter. Think about the colour scheme of your Twitter page, and try to make it appealing and something that will fit your business’ niche. Choose colours that fit your corporate message and your style.
26. Fonts are Important, too. The fonts you use for the main Twitter page should also fit the theme of the business or page.
27. Make Twitter followers feel special by offering “Twitter followers only” specials and coupons. This encourages new purchases as well as new followers.(Its what Dell Computers does!)
28. Offer more than just Twitter. If you’re so inclined, let people know they can contact you outside of Twitter via email, text, or even phone. Open up the lines of communication.
29. Use behind the scenes tools. Don’t forget to look at the Twitter metrics and what people click on, and from where. This is definitely an invaluable tool.
30. Get into a routine. Figure out a Twitter rhythm, and then stick with it. Once you get into the flow of posting, your readers will stick with you.
31. Participate as much as possible. Contribute, and be a part of others’ Twitter pages as well. Don’t just stand in the shadows, or you might lose followers.
32. Mix it up. Don’t just use Twitter as a promotional site. Try to keep a dialogue going, let people know what’s happening, and other things aside from over- promotion.
33. Partner up. It can never hurt to form a partnership with some of your fellow tweeters. Come up with a network within a network, and you’ll be amazed at the results.
34. Realise there are other avenues, and then expand on them. While Twitter is great, don’t neglect your other social media sites, blogs, or your own website!
35. Take out the trash. You can always “un-follow” people who are not posting positive comments, other companies who spam you, or “junk” Twitter friends. Don’t be afraid to clean house every once in a while.
36. Future tweets reap sweet treats. You can now use tools that allow you to type up your tweets in advance so you can plan ahead, and then they will post to your account when you’re ready. A great time saver! Check out this free service: http://www.socialoomph.com/
37. Automated Tweets can help you prioritise. There are tools where you can select certain topics or sub-topics for notification, so that the topics important to you will be delivered daily, or however you like.
38. Use the advanced search to your benefit. Twitter and other tools related to it have advanced search options, so you can really find that niche Twitter person or specific topic that you’re interested in. BTW, Twitter Search in the second biggest search engine in the world.
39. Use links. Never mention a resource without linking if at all possible, this way people trust your opinions because they’re backed up with real links.
40. Track all your links with a bit.ly free account. Change your link into a bit.ly link and use that one in your tweets. Check your account and add the ‘+’ sigh to the link to track who clicked on it.
41. Try not to abbreviate too much. While Twitter only allows 140 characters and that can be tough to express yourself, try to avoid too many abbreviations.
42. Avoid offending people by using bad language. While this seems obvious, a lot of people get carried away on Twitter. As a business, you want avoid foul language.
43. Be as thorough as you can when explaining who you are, what your company does, and what you have to offer.
44. Stay away from arguments if possible. Some people may get obnoxious or belligerent on Twitter. Try to avoid arguments by just ignoring them, otherwise you can dig your own hole and make yourself look bad.
45. Don’t be boring. Do not talk about what you had for breakfast or the weather. Keep your posts fresh, fun, and interesting.
46. Counts don’t count. Do not worry about how many followers you have. This can distract you from the quality of your posts.
47. Refuse spammers. Keep spammers and spam e-mailers out of your Twitter feed or else they can ruin your page.
48. Sign up for a free TrueTwit account. This will keep spamming robots at bay.
49. Ask and ye shall receive. Don’t be afraid to ask others to re-tweet your tweets, or to link you to their blogs etc. Most people will oblige if you just ask.
50. If you want people to re-tweet your tweet – give them the space to do so. There are only 140 characters available and if you use all of them, then there is no room for people to re-tweet! Use 100 characters in your tweet and then we have room for the “RT@tonytreacy1Your Tweet”
51. Open up to your audience. Try to loosen up and have your other Tweeters do the same by being honest, intimate, and real with your readers. People will really enjoy the candid postings and stay enthralled.
52. Offer downloadable material. You can always offer a PDF download or other material on your Twitter page for people to look at and get more information.
53. Use SEO to your advantage, and do not forget to implement important keywords in your posts and profile.
54. Do not stop abruptly. If you have to go on vacation and can’t tweet remotely, make sure you have a sit- in tweeter to fill your post so your readers stay tuned.
55. Remember that Twitter is for sharing and not for selling. Use it to drive targeted traffic to your website or blog. Tell, don’t Sell.
56. Use a specific email address for your Twitter account. Don’t use your main business email address! Try using MD or CEO@ your email account. This keeps your business email inbox free from clutter.
Feel free to add any tips you would like to share by using the comment box below. Let’s see how big a list we can develop!
If you like these tips, Tweet it.