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September 13, 2005

Geico Continues Trademark Keyword Battle

Posted by Adam Viener

After settling their case with Google, Geico has decided to start going after companies buying their trademarked keywords. Apparently, if they can't get Google and Overture to block competitors from buying their keyword terms, they feel they will have better luck going after their competitors.

I just ran a search for Geico, and came up with only one ad under their trademark:

Car Insurance Free Quote
Fill out a quick form and get up to
3 quotes from leading companies.
www.quoteserv.com

I guess QuoteServ.com will be getting a cease and desist letter soon. It's an interesting argument; does someone seeing the ad above think this is a Geico ad? I am not sure there is confusion.

If I walk into BestBuy and tell them I want to see their Sony TV's, will I not see Zenith TV's right next to them? I was clearly searching for Sony TV's, yet I see the Zenith, and am not confused that it's a Sony. Why are keyword searches any different?

If I typed in Geico as a keyword, and the ad said Geico Car Insurance, and I clicked on the ad an went to a competitor that would be a clear violation and confusion, but running a competitive ad when someone searches for a competitor's name, seems fair game.

It will be interesting to see if any of these cases actually make it to judgment.