On Mar 3, 2006, at 12:00 AM, RECMGMT-L automatic digest system wrote:

> Are we making a leap here?  Diverting searches to a competitor website
> is quite a stretch from displaying advertising on a search results page
> when a search containing key words is made.  I think that diverting
> searches would be illegal under current copyright and trademark laws.
> However, I don't believe that displaying a competitors ad as part of 
> the
> search results window would be.
> ...then again, I am not an attorney...
> Bill R
> Bill Roach, CRM
> Enterprise EDMS Coordinator

I will provide an example.  I pay so much for a Click on certain search 
terms (It is a common business practice called "Pay per Click" so if 
you type in  "Fireproof Vault" the search engines place me on the 
search page for that term based on how much I bid for that term. )  
Each day I have to bid for that term. One day I may have to bid 10¢ for 
that term to stay on the first page of the search.  But say six storage 
companies and two fireproof safe companies bid 20¢, 19¢, 17¢ then I 
might get kicked down to the 8th position and now I am on page 2 and 
how many people go to page 2 if they have seven choices on page 1.

But if you type in FIRELOCK you always end up on my page because that 
is our registered trademark.  If Google contests that they can sell any 
name as just another search term, then big companies could push me down 
in the rankings for my own name.  This started off with dealers for 
certain companies out bidding the parent company which was okay but 
then some found out they could outbid all of them and divert searches.  
YAHOO has already stopped doing this but Google still thinks it is okay 
and they own Overture which I believe ?? invented the whole Pay per 
Click idea.  So now Google owns Overture too.

:~)   Now maybe I am over the top on this but I often pretend to be an 
attorney and occasionally an architect but Larry and Peter will back me 
up on this I have never pretended to be a Records Manager.  But 
remember I only said it was Interesting.  I did not say I understood 
it.  So this could merely be a case of Tortious Interference on my part 
with a little Nunc Pro Tunc thrown in.

I just typed in Hugh in Google and sure enough my name did not come up 
at all.  Those Google *#!%**&+.
I rest my case.

Hugh Smith
FIRELOCK Fireproof Modular Vaults
[log in to unmask]
(610)  756-4440    Fax (610)  756-4134

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