Very often it is the case that, when advertising, one company infringes on another company’s trademark. It is very easy to do without even realizing that you have done it. It can happen anywhere, whether in a newspaper ad, a TV ad, or an online ad, and companies are always keeping a wary eye out for others infringing on their trademark. If you need a Los Angeles Google Ads expert witness, I can help you. Or a San Francisco AdWords expert witness. Or just a guy who’s an expert and has done witness work, anywhere in the good ole USA.
When one says that it is easy to do, a couple of illustrations from the UK may help to explain it. The UK’s largest chain of opticians, called Specsavers, has been advertising for years using the expression “Should’ve gone to Specsavers”. In 2016, they managed to trademark the words “Should’ve” and “Shouldve”.
That means that anyone using those words in their advertising would infringe that trademark. But how would you know? So, for example, Mercedes might produce an ad along the lines of “Should’ve got the new Mercedes” without ever knowing that it was an infringement.
Similarly, in the UK in 2003, Carling lager managed to trademark the word “Probably” which they used in their ads as “Probably the best lager in the world”. Granted, they only managed to trademark it in regard to beers and lagers.
Even A Color Could Be An Infringement
In some cases, the look and feel of a product can be an infringement if it can cause confusion. Even the color of something could be an infringement if a company has a well-known product.
You can see why advertising can be fraught with danger. Companies today are highly protective of their intellectual property and won’t hesitate to take action if they think a competitor is using any words, slogans, or phrases that infringe on their trademark.
This can be very expensive. You can spend a huge amount of money on an advertising campaign only to receive a “cease and desist” letter from a lawyer days after launch. Certainly, it is true that many companies may have a legitimate claim, but others overstep the mark in order to try to control the marketplace. The problem here is that it may be cheaper to scrap the advertising campaign, rather than fight the claim, even if you are not infringing on another’s trademark.
As a Google Ads expert witness, I know a lot about Google Ads, and I can help you whether you are launching a claim for infringement yourself or whether you are defending a claim. Either way, when you have your day in court, you want a Los Angeles Google Ads expert witness who understands Google Ads and can present evidence on your side.