thinks - retired
Thursday, December 16, 2004
  Google wins. Who else does?

In a huge development, a federal judge ruled that Google's use of trademarks for keywords is legal. Obviously, this is an enormous victory for Google, given how much of its revenue comes from its AdWords program. Of course, the question is whether this benefits anyone besides Google. And actually, I'm pretty sure its a Good Thing, overall. Here's why.

Right now, the Web is still a little bit like the Wild Wild West, where law is largely a matter of interpretation. Maybe more like the 1890's Old West, than the 1870's Old West, with finer things and a bit more culture, but still kind of rough around the edges. And that's OK. These open questions provide opportunity. They provide areas for companies to exploit where they can find whole new products and services and entirely new ways to market them. Sure, you may get the renegade who purposefully goes for the unethical and damaging, but most companies are looking for legitimate ways to serve the needs of customers. Let's be honest about this. Most of the people who are buying these trademarked words are actually selling something that may be valuable to consumers. For instance, when I do a search for Geico (the folks who sued Google in the first place), most of the results are either about insurance or the news story about Geico suing Google. Yes, there is one clown who's gaming the system. He'll go away eventually when there's no benefit to him. And in the meantime, Geico's competitors, and the customers they're trying to serve, get more choices. Once fences go up on the open range, they're much tougher to take down. Let these horses run and let the market sort it out.

 
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