Blog homeI have tried to stay out of this whole Google trademark debate….. I have an opportunity to talk to Google about this directly in a few weeks time and want to let the dust settle before I come to a final view on it.
However, one point that has come up is that those brands that have entered “gentlemen’s agreements” not to bid on competitor brand names could be risking legal action - and subsequent massive fines - for breaking competition law.
Something to do with Section 2(1) of the Competition Act 1998 (Chapter 41). it applies to agreements and practices between UK companies that could affect trade by preventing, restricting or distorting competition.
Duncan Parry (Steak Media) said “We suggest brands consult their legal teams before doing so”.
Read the full article from NMA and the declaration from CheapFlights not to bid on trademarked terms where competing with their clients
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Hi Kevin
Ooops.
Incidentally, are you, hyperthetically, risking legal action by being the mechanism through which the gentlemens agreements are being publicised?
I guess that post from Cheapflights is a press release…. and you are press… so you should be OK !
(yeah yeah yeah I am not a lawyer…. if I was I probably wouldn’t be making these kinds of jokes as I would understand how risky it is!)
A lawyer might argue that a “gentleman’s agreement” is not particularly gentlemanly or indeed private if it is actually stated publicly.
So would a media brand, or blog (as you have just drawn everyone’s attention to it as well), be party to it? I doubt it…
Ooops lawyers in the loop… so my private opinion which does not represent the one of my employer is the following:
- I think search engines should have the right to allow open bidding on any trademark.
- And just as anyone else using my brand to make money, they will have to pay me royalties.
I see it like in the music industry: everyone has the right to play, sample, or interpret someone else’s music, as far as they pay royalties.
Daniele