General Discussions

**007** · 07-28-2006, 11:27 AM

I usually type adsense.google.com when trying to log in and check my earnings, but ever once in a while I forget the google.com part, as I'm sure many of you also do. Have any of you ever typed in http://www.adsense.com/ ?

It's an ad/marketing consulting firm and they have been in business since 1995.

Interestingly enough, they have this on the bottom of their website:

Quote:

"If you think you can get rich quick placing other people's ads on your site or blog, please contact Google who has taken and used our business name without permission or compensation."

-AdSense.com

I wonder why nothing has been done about this when it is so clearly a TM violation in AdSense.com's favor? I find it even more surprising that Google has not only NOT compensated them, but they have NOT bought them out. I wonder how many typins AdSense.com gets from Google AdSense users.

While I am a Google AdSense fan, I think this shows a very bad and unprofessional side of Google. What do you guys think about this?

**Lpspider** · 07-28-2006, 12:09 PM

I agree with you wholeheartedly.

**paul c** · 07-28-2006, 12:14 PM

Very interesting....

**luvky** · 07-28-2006, 12:33 PM

True , maybe when they started out though, they thought at first they could make a profit or some kind of thing with the word of mouth and waited too long in filing the claim if they did....

**ltn1dr** · 07-28-2006, 12:53 PM

Yeah, I have no clue why they don't sue Google....

You automatically receive a sort of rights to anything you use in publication as a trademark or name....

**Pax** · 07-28-2006, 01:11 PM

maybe they did try to buy the domain and AdSense wanted too much?

**BamaStangGuy** · 07-28-2006, 01:13 PM

Quote:

Originally Posted by Pax

maybe they did try to buy the domain and AdSense wanted too much?

How much is too much to a multi billion dollar company?

**Libertate** · 07-28-2006, 01:22 PM

If they made an attempt to purchase the domain "adsense.com", and were rebuffed - it indicates several things:

a. the company currently holding the domain does not want infringment and/or transfer of their trademark

b. Google is aware that the trademark belongs to this company

c. Google doesn't give a dang what a small company, with insufficient legal power, wants

**AdJungleBrad** · 07-28-2006, 01:31 PM

Trademark law is not always obvious. Google has a service called "AdSense" which has to do with paying webmasters for online ads.

AdSense Consulting "is a fee based marketing, business consulting, and design firm serving clients nationwide in niche marketing in image, branding, and presentation, print ads and promotions, photography, web sites, and e-commerce."

The test is likelihood of confusion. Would an average consumer or user of either service visit the wrong one and be confused? Would they think that they are at the correct site by mistake and would one party lose business as a result?

It is not obvious that there is a likelihood of confusion, and unless this consulting company has about $100K available to sue Google in Federal Court they can't even get started with this.

It also appears as if the consulting company failed to file for a federally registered trademark, which would have given them more options and protections than the implicit rights you get from commercial use of a mark or name.

I feel bad for these guys, but I don't think that they have a case or have been harmed by Google. If anything, this tiny company is getting a huge lift from people typing in the URL by mistake.

I'm not a lawyer and this is not legal advice - just experience gained from protecting our own registered mark.

**AdJungleBrad** · 07-28-2006, 01:43 PM

Quote:

Originally Posted by BamaStangGuy

How much is too much to a multi billion dollar company?

Who knows. Just because you have a lot of money does not mean that you should be stupid and pay way more than something is worth. What is the downside for Google? I doubt that they have lost much business from people going to that domain instead of the Google URL.

Bama, think of it like this. Would you pay $100 for a hot wheels Shelby GT500? Why not? How much is too much for a well off guy like you? It's probably the same thing to Google.

Maybe the consulting company thought they hit the big time and asked for $50 million or someting obscene like that. Google was able to obtain adwords.com - I'm assuming someone else had it.

**007** · 07-28-2006, 02:07 PM

AdWords.com:

Quote:

Created on..............: 1999-Jul-26.

They MAY have registered it based on that date, since Google went online in 1999. They most likely had to purchase it though since I don't think they even had the idea for adwords until later on.

Google.com:

Quote:

Created on..............: 1997-Sep-15.

They most likely had to purchase google.com as well, but probably not for very much, because I don't think anyone would have valued it at a lot prior to it being marketed and branded.

A for adsense.com being "overpriced" for Google... Well, technically Google has branded the name all of the world and NOW it probably is worth a HUGE amount of money, however, like you said, Google isn't losing business to it, and it's ONLY worth a huge amount of money to Google, and Google alone, since anybody else is sure to get hit with a TM violation case if they buy it now, unless they are doing a similar business as the current owners and the current owners agree to pass on rights to their "first use" trademark which dates back to 1995.

This is similar to the Nissan.com case, in which Nissan Motors has been suing over for years and so far has not been able to get the domain. The owners won't sell and Nissan won't stop suing. It's an endless circle. That's a little different though because the two sites are dramatically different in their niche market, as one sells cars and one is a small company that sells computers...

At least with the AdSense vs. Google case, if it ever gets that far, the two companies both deal with ads, even if it is in different ways. It would be a hard case to call though.

**rex_b** · 07-28-2006, 02:48 PM

Would seem to me Adsense.com would just get more attention since google adsense came out.

**Tran** · 07-28-2006, 05:16 PM

Adsense.com pssh.. I go to google.com and type in adsense :P

**IsMaR** · 07-28-2006, 07:10 PM

i wouldnt sell if i had adsence.com either... thats free traffic forever

**jhay** · 07-28-2006, 08:36 PM

If it is a TM violation, how come AdSense.com has not yet sued Google for it?

**IsMaR** · 07-28-2006, 08:45 PM

Quote:

Originally Posted by jhay

If it is a TM violation, how come AdSense.com has not yet sued Google for it?

because they didnt create TM

**njoker555** · 07-28-2006, 10:42 PM

lol wow, i didnt even know that until now, and i use adsense for my site lol

**Romestar** · 07-28-2006, 11:30 PM

funny, I just typed in adsense.com a few days ago to see what it was.

**007** · 07-28-2006, 11:39 PM

Quote:

Originally Posted by Romestar

funny, I just typed in adsense.com a few days ago to see what it was.

Maybe adsense.com is getting less traffic from accidental typins than we give it credit for. Seems like a lot of people haven't ever been there. I found it probably a year after using adsense, and it was mainly because Google started using Adwords.com, so I got used to typing that in. Got the two confused one day and POOF. Not on Google anymore.

**IsMaR** · 07-28-2006, 11:43 PM

i dont think adsence.com is too appealing... design wise and such