L.L. Bean Suing Competitors For Spyware-Linked Ads

httpamphibio.us writes "According to this article on CNN, L.L. Bean is suing 'Nordstrom and three other companies it alleges used pop-up ads that appeared when some customers visited the clothier and outdoor gear retailer's Web site.' The article mentions Claria Corp, a maker of spyware . This is an interesting route to go about getting rid of spyware, attacking its source of income instead of the manufacturer."

Comments

claria...

[chachob]

Claria Corp, a maker of spyware

if they hadnt changed their name, it would have just said "the article mentions Gator." but claria needs to have their position reiterated, eh? guess their renaming stragegy worked, since claria is not automatically associated with "bad", as gator was. ;)

Re:Google

[tisme]

Nope, it's not the same.

Why? Because Google respects trademarks and if you do not want ads to appear with your trademark, all you have to do is let them know.

Many companies take advantage of this fact, do a search for New York Times... notice any advertisements? OK occassionaly there are some because creating an advertisement for Google automatically puts it on the search engine, but if any show up, they will be gone the next morning when a Google editor gets a chance to look at it. The exact same holds true for a search of L. Bean (do a search, the one adverstisement is their own, they have a monopoly on advertising with their search term on Google.)

Google forbids advertisers bidding on a search term if you write them a letter formerly requesting as much.

The question that comes up is... should companies with trademarks have to proactively fight to have ads removed on Google associated with their trademarks, or should they request being added to a whitelist first? Many companies do not mind advertising on Google with their trademarks ie: Microsoft... while others forbid it, ie: eBay, New York Times, L Bean.

The funny thing about eBay is that although they forbid advertising using such terms as e-Bay, eBay, e bay, ebaye (or anything similar) they (eBay itself) actively advertise on Google urging people to buy products from other manufacturers on the eBay website, they even give affiliates a list of recommended keywords if you want to make $$$ buying the keyworks on search engines and referring new users to eBay. See: http://keyword.ebay.com/

Any judgement coming out of this could also have a potential impact on Google if a company were to decide to seek damages from Google, but at least with Google you can ask nicely and they will remove advertisements.

Re:taking the high road(?); Careful what you wish

[Fortyseven]

Corporations are people, legally.

"We may congratulate ourselves that this cruel war is nearing its end.
It has cost a vast amount of treasure and blood. . . .
It has indeed been a trying hour for the Republic; but
I see in the near future a crisis approaching that unnerves me and causes
me to tremble for the safety of my country. As a result of the war,
corporations have been enthroned and an era of corruption in high places
will follow, and the money power of the country will endeavor to prolong
its reign by working upon the prejudices of the people until all wealth
is aggregated in a few hands and the Republic is destroyed.
I feel at this moment more anxiety for the safety
of my country than ever before, even in the midst of war.
God grant that my suspicions may prove groundless."

-- Lincoln to (Col.) William F. Elkins, Nov. 21, 1864.