Google Bans Anti-MoveOn.org Ads

by Stephan Tawney on October 11, 2007

It would seem so.

Internet giant Google has banned advertisements critical of MoveOn.org, the far-left advocacy group that caused a national uproar last month when it received preferential treatment from The New York Times for its “General Betray Us” message.

The ads banned by Google were placed by a firm working for Republican Sen. Susan Collins’ re-election campaign. Collins is seeking her third term.

Earlier this week, Google told Lance Dutson, president of Maine Coast Designs, that the ads he placed for Collins had been removed and would not be allowed to resume because they violated Google’s trademark policy.

What were these violations of Google’s trademark policy?

The banned advertisements said, “Susan Collins is MoveOn’s primary target. Learn how you can help” and “Help Susan Collins stand up to the MoveOn.org money machine.” The ads linked to Collins’ campaign Web site with a headline reading “MoveOn.org has made Susan Collins their #1 target.” The Collins Web site claims that MoveOn has contributed $250,000 to her likely Democratic opponent and has run nine ads against her costing nearly $1 million. The Web site also displays MoveOn.org’s controversial “General Betray Us” ad.

See, excuses like that work when it’s enforced all of the time – not selectively. Not surprisingly, Google has turned the other way when other uses of trademarks are used to attack a company or group.

Ronald Coleman, a lawyer and leading expert on online intellectual property disputes, noted that, as a private company, Google has the right to treat different advertisers differently.

But he called Google’s removal of the Collins ads “troubling.” Coleman says that there is no such requirement under trademark law and that Google appears to be selectively enforcing its policy.

“In a recent ruling, the Ninth Circuit Court of Appeals rejected the notion that there is anything like a cause of action under the Lanham Act, the statue governing trademark law in the United States, for so-called ‘trademark disparagement,’ ” Coleman said. The courts have also rejected the notion that the use of a trademark as a search term is a “legally cognizable use” as a trademark use under federal trademark law, he added. Coleman is also general counsel for the Media Bloggers Association.

Google routinely permits the unauthorized use of company names such as Exxon, Wal-Mart, Cargill and Microsoft in advocacy ads. An anti-war ad currently running on Google asks “Keep Blackwater in Iraq?” and links to an article titled “Bastards at Blackwater — Should Blackwater Security be held accountable for the deaths of its employees?”

Hmm. So attacking Blackwater, Microsoft, Wal-Mart, and Exxon is acceptable and doesn’t violate its trademark policy, but the use of “MoveOn.org” does? Maybe a company whose motto is “Don’t be Evil” should concentrate less on protecting anti-war groups from criticism, and a little more time removing terrorist propaganda from their video site.



Leave a Reply