Legal aspects of advertising

Countries regulate ads. Advertisement on the internet should follow:

  1. General laws on advertising.
  2. Special rules for internet marketing.

General rules may include:

  1. To mention side effects.
  2. To mention a license of the advertiser.
  3. To mention age restritions.

Sometimes ads can not pass moderation automatically. In this case you have to contact Google and ask to doublecheck whether the moderator have done a mistake. It usually helps. But sometimes there may be problems with moderation due to legal aspects.

Special rules may be applied top using trademarks as keywords. Example – Resolution of Plenum of Supreme Court of the Russian Federation dated 23 april 2019 г. number 10 “On application by courts of the Russian Federation of part four of Civil code of the Russian Federation”.

Google does not restrict trademarks as keywords (https://support.google.com/adspolicy/answer/6118?hl=en).

Targeting at competotors brands is highly effective from marketing point of view. But be careful.

How the run of events may look like in case of litigation:

  1. A competitor’s specialist in marketing suspects you of using his brand for targeting.
  2. They contact their attorney.
  3. The attorney may goe to a notary’s office and make screenshots (you yourself may display your keywords in UTM marks).
  4. The attorney may send an official request to Google: does this advertiser use the trademark in keywords?
  5. Google will answer, at least they are legally obliged to answer.
  6. The attorney either negotiates with you or applies a lawsuit.

Anyway, such litigations happen in the countries where the law stipulates that.

By the way, trademark owners may inform Google that they use this trademark exclusively or allow to a limited number of advertisers use it. In this case  they may restrict the use of the trademark in the text of ads (https://support.google.com/adspolicy/answer/2562124).

In this case  trademark owners submit the Google Ads Trademark Consult Form:

https://services.google.com/inquiry/aw_tmauth?hl=en

Another issue is fake reviews. Remember that fake reviews and testimonials are outlawed in most countries.

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