Myspace Takes Further Action To Protect Trademark
Today I received a standard “AdWords Approval Status” email on behalf of one of our clients. This particular client offers a product that targets the general MySpace demographic (16-24 year olds). I was expecting to see a normal spelling error or punctuation error in one of the ads which is normal when you are dealing with thousands of different creatives. However, this time I was a little shocked.
A message like this is nothing new in AdWords and many brands protect their trademarks in this way. MySpace is renowned for ruthlessly “protecting” it’s trademark by shutting down small “resource sites” and legitimate non-infringing content sites. However with this new “protection” literally thousands of independent publishers are going to see reduced revenue from Google Adsense as they see less relevant ads on their “Myspace Sites”.
For example, the search term “Myspace Layouts” is one of the most searched for terms on all search engines. Many website owners make a living off providing MySpace Layouts and using Google AdWords (And in turn the adsense content network) to promote those sites.
MySpace is taking yet another step to alienate the very people who made MySpace the “Colourful” place it is today.This not only effects publishers and advertisers of MySpace Layouts, but of advertisers offering products and services related to MySpace as a whole. From experience, I can tell you that MySpace related queries account for quite a substantial volume of AdWords PPC traffic for some products and services. I think it may take a few days for publishers (and advertisers) to come to realise how big an effect this will have on their revenue.
April 11th, 2007 at 7:42 pm
Hi Dave. As you know I run a website in this niche that holds a top ten ranking for the search term you mentioned. I have noticed today that many of my adsense units are not “Filling out” and those that do contain as you said irrelevant ads.
April 11th, 2007 at 8:27 pm
This has always been my worry about PPC over organic SEO. It would be a lot more difficult for a search engine to justify doing this on an organic basis.
Elaine have you tried to move to YPN instead of Adsense? YPN might have the same policy in place for Myspace. Ye could always try geo-targeted ring tones!
April 11th, 2007 at 8:31 pm
hi Jason Roe. No I am based in Galway. YPN is not available. I believe this is because of some legal issues with transfering money from ypn accounts to search marketing accounts
April 11th, 2007 at 8:48 pm
As far as I’m aware, it is doable. Its a bit of a mission, but Ive heard good reports on the returns from YPN accounts. On the down side, the adverts seem to mainly target US sites.
Ring tones might be another good area if you have the targeted demographic (16-24 year olds).
I cant think of what else might work. Would there be any myspace based affiliate programs in your space (maybe for paid templates). Dave knows this space, any ideas Dave?
April 13th, 2007 at 6:59 am
Thanks Jason. I have brainstormed with Dave and actually we have come up with some pretty decent and wel paying compliments to contextual advertising (Thanks Dave).
April 13th, 2007 at 10:43 pm
I can’t decide whether this is a good, or bad thing… on one side, we can’t advertise on mass through google adwords anymore. on the other side, there are going to be a boat load of myspace resource sites looking for monetization, and custom advertising deals.
April 14th, 2007 at 2:43 pm
Well, that depends on what exactly you are trying to advertise. There are many ways to monetize a general low paying niche like myspace. My concern was for the advertisers advertising myspace RELATED products and complementary services.
April 17th, 2007 at 10:05 am
This was bound to happen. Myspace has seen a decline in signups as other social websites come into play. Like Bebo. News Corp (The owners of Myspace) want to see a profit from their $580m toy. Now if all these theme sites are using this brand to make money it has Myspace wondering how much is being made of their brand and trademark. Which they are not getting any royalties from.
Elaine said above that she has a website inside that niche, well Elaine how much money have you made and how much have you given to Myspace in royalties? So for any of those niche sites to be rejected by Google based on copyright and trademark issues is the right thing to do. Google dont want to be tied up in any legal cases over copyrights and trademarks.
And you have to look at the bigger picture Myspace is part of News Corp and they are a much bigger brand then Google, cutting off sites like Elaines or your clients is easier then loosing $900m advert and search deal!
April 18th, 2007 at 1:03 pm
Thanks for stopping by Dave. I’m a subscriber to your blog and love your insights.
Myspace has every right in the world to PROTECT it’s trademark. That is a given. Any TM holder is. The problem many people are having is with products that are complimenting and promoting their service. Fair enough, if they want their slice of the royalty pie, they should offer what others are. JUST like they did with video. Many people ahve been promoting MySpace with layouts and with services like “Myspace Video Templates” that are SPECIFICALLY for myspace video. There are literally thousands of other “Products” available that only promote MySpace.
It appears that MySpace are forgetting that.
April 18th, 2007 at 1:11 pm
If I am a mobile phone maker.. I pump out phones all day long, my trademark is beautiful, and then someone comes along and starts making car chargers.. these car charges claim to work with “Tob’s Phones” do they legally owe me royalty?
April 18th, 2007 at 1:14 pm
I don’t think so.And I know its not about what I think.Does a software developer owe royalties to microsoft becuase they claim their software is compatible with windows vista? Or worse, BUILT for windows vista?
April 18th, 2007 at 1:31 pm
Agreed. But now if I start getting adwords campaigns for “Tob’s Phone Chargers”.. you cross the line, and you appear to be using the trademark. Hopefully they wont start going after myspace domains again now.
May 2nd, 2007 at 6:00 pm
I wouldn’t be surprised Tob. Time will tell.
August 17th, 2007 at 11:42 pm
What i think is stupid as i understand not allowing to use trademark in the the ads etc.. but not allowing you to bid on those terms is just rediculous!!!
August 18th, 2007 at 9:55 am
You might want to take a look on the latest law suit against Google by American Airlines. Nothing new to Google but I think this one might be one to watch:
http://techdirt.com/articles/20070817/021228.shtml