Trademarks Use in SEO and PPC

Trademarks are words, symbols, designs, sounds, and even colors (Tiffany’s Robin Blue is a Trademark). The idea behind a trademark is that it identifies the goods as yours. The customer’s perception is the most important. The goal of trademarks is to help consumer confusion on the origin of the product they are buying. If the consumer is confused, it is evidence trademarks are being violated. For online, the common law rights govern. Act like it is yours, and if no one speaks up, then it is yours. Registration will help with litigation.

There are two steps to suing. First you have to prove you have a protectable trademark. The trademark should be distinctive. Ideally a consumer will be able to connect your company to the trademark. The trademark cannot be generic and ideally should be something called “fanciful.” Fanciful means it is uniquely used and is not generally associated with your product. The legal test is “likelihood of confusion.” Would the consumer be confused?

My understanding of the trademark laws in this area is as long as you are not deceiving the person who is clicking the ad then you will be okay. If the consumer feels they have been tricked or clicked the ad expecting something different due to the use of a non-owned trademark, this is strong evidence that the trademark is being infringed.

The same goes for SEO. If you are targeting a trademark and the domain/look of your website feels like the trademark owner’s website this may be evidence you are infringing. Targeting keywords via SEO is a little grayer than PPC but the general principle of whether the consumer was confused holds true.

Experiments and Miscellanous

Google wants you to constantly experiment with testing.  This helps generate more conversions which should make both you and Google happy.  One important term is conversion rate which is simply the number of conversions divided by the number of clicks.  A high conversion rate indicates the clicks are relevant and may lead to a higher AdRank. The Cost per Conversion which is different from the Cost per Click (CPC) is calculated by the average Cost per Click divided by the conversion rate.  The Cost per Conversion is what every client is really after.  How much do you need to pay someone to do a certain action?  The Cost per Conversion is your answer.  It was previously discussed how to place the conversion code on a website. Google recommends you place the conversion code in the Thank You or Confirmation page.

Experimenting is important to Google.  One tool that is helpful is the Google Bid simulator which will tell you how many more clicks you can expect if you increase your bids.  This is useful in setting up a budget for the campaign.  At some point the clicks should become too expensive per conversion to be worth bidding on.  Or you purchased all possible clicks.

Google suggesting that at a minimal it takes about one week to gather data in an AdWords Experiment.  Google also recommends one month if possible. You can use the Campaign Experiment tool to help.  When testing your ads you should set the rotation to evenly to begin.  You can always change the rotation later.  Google recommends 300 clicks per ad as the lowest amount of clicks for an ad test. On a side note I use 1000 clicks per ad because its easier to do the math calculations.  Since Google focuses on conversions you should be aware that Google recommends at least 7 conversions as a minimal for an ad test.  I typically use 10 which again helps with the math.

 

Website Updates

Website has been completely overhauled… at least as best I could.  I added a very basic advanced display.  As always I expect to make everything a living document; legal, contracts, study guides, SEO things… meaning they will be updated frequently until one day they are perfect.  Tony

The Google Panda Patent: Why and How Many?

*I have been a patent agent for 5 years and a patent attorney for 2 years.

I will begin by saying a patent is not a right of use; it is the right to prevent others from use. In theory you could obtain a patent you never intend to use for the sole purpose of stopping others from use (i.e. patent trolling).

After reading the Google Patent Panda I had two thoughts. Why? And where’s the missing parts? Why would Google decide to patent/reveal its secret algorithms now? Google has treated its algorithms as trade secrets. I assume Google has protected these trade secrets with a Non-Disclosure Agreements to potential partners and Non-Compete Clause to employees. The Search Engine Optimization Industry attempts daily to solve this algorithm. With such a high prize for the solution and an analytical industry priding itself in getting to the first page, there is still a clout of mystery around the algorithm.

1) I present two theories to why Google wanted the patent. A) Someone figured out the algorithm or has come close enough to warrant Google proactively obtaining a patent. Perhaps it was a reaction to the churn of Google employees to Facebook, Twitter, and Yahoo. B) Perhaps the patent serves as a barrier to one specific search engine in one specific market: Baidu (China’s massive search engine) in Asia. Baidu which is nicknamed “China’s Google” started with a patent. Its US patent was for a RankDex site-scoring algorithm for search engines results page ranking. Baidu’s patent served as the basis for the original iteration of its engine. Baidu has already targeted Japan and South Korea as areas of potential growth. Google’s Panda patent filed with the World Intellectual Patent Organization (WIPO) gives it protection. Japan and South Korea’s enforcement of Intellectual Property is far stricter than China’s, especially in the technology fields. In these two countries, a patent goes a long way.

2) The second point is the Google Panda Patent seems unfinished. Many believe the patent has nothing to do with the Panda update. Some suggest Google obtained the patent for the sole purpose of not using it and cite owning a patent does not mean you used the invention. Maybe Google wanted a future shield or sword against competitors. I disagree. I believe there are more “Panda” patents to come. One strategy I was taught is to draft important patent applications in batches. By itself this patent seems incomplete. But what if Google sent in several patent applications and this is simply the first to be approved? Good things come in bunches.

AdWords Glossary

Google Adwords Glossary

API, CPC, Max CPC, CTR, Guttulus… what does it all mean? I created this handy glossary to alleviate the confusion. Feel free to download, change, alter, and use.

 

Adgroup: Ad groups are how Adwords accounts are organized. Ad groups include a set of keywords, a default bid, and some creative bits. Ad groups should each have a specific theme. This will make it easier to find and organize them.

Ad Rank: This is your ranking for in the Adword auction. Ad Rank= f(quality score, Max CPC bid).

Adsense: Members are part of the Google Display Network.

API: Application Programming Interface. Developers use APIs to build applications that interact with programs such as Adwords.

Adwords: Name of Google’s advertising Platform.

Automatic Placement: Your ad will be placed on the Google Display Network if Google identifies via contextual targeting it is proper.

Avg. CPC: Average Cost Per Click is what you paid each time someone clicks on your ad.

Bounce Rate: Percentage of single page visits.

Broad Match Keyword: Default keyword match type which triggers ads on keywords and variations of it.

CTR: Clickthrough Rate is the clicks an ad receives divided by the number of impressions. An important factor in how Google Calculates Quality Score.

Conversion: Set by the advertiser. The advertiser can establish a desired action. When the desired action is completed, it’s a conversion.

CPC: Cost Per Click. Advertisers pay only for clicks.

Cost Per Conversion: Total cost divided by conversions.

CPA Bidding: Cost per Acquisition bidding.

CPM Bidding: Cost per Thousand impressions.

CID: Customer ID is the 10 digit number attached to each Adwords account. Its located at the top right corner of an Adwords account.

Exact Match Keyword: Match type restricting the delivery of an ad to at search query matching the keyword exactly.

First Page Bid Estimate: Estimate of how much an advertiser would need to bid to be on the first page of Google’s search results.

GA: Google Analytics is a free program that shows activity on the site.

GDN: Google Display Network allows ads to show on websites.

Guttulus: A cat from South America which was recently discovered.

Impression: Number of times an ad is displayed.

Keyword: A word or phrase that triggers an ad.

Landing Page: What the searcher sees after clicking on an Adword ad.

Match Type: How closely a search must match the keyword to trigger the ad.

Max CPC: Maximum Cost Per Click is the highest amount you will spend to buy one click.

Metric: Performance evaluator.

MCC: My Client Center is an umbrella account to manage multiple Adwords accounts.

Negative Keyword: Prevents ads from appearing.

PPC: Pay Per Click is a pricing model.

Phrase Match Keyword: Match restricting delivery of an ad unless it matches a keyword exactly, but allows for additional words before and after the keyword.

Quality Score: Dynamic variable that determines ad rank and actual cost per click.

ROI: Return on Investment indicates the value gained compared to the advertising cost.

 

 

Copyright Notice Contract Template

 

 

GUTTLUS COPYRIGHT NOTICE

 

Copyright © [Insert Date]

 

Ownership of copyright

 

The copyright in this website and the material on this website which includes the text, computer code, artwork, photographs, images, music, audio material, video material and all additional copyrightable material is owned by Guttulus.

 

Copyright license

 

Guttulus grants to user a non-exclusive revocable license to do three things. User may view this website and the material on this website; copy and store this website and the material on this website; and print pages from this website. This right is specifically non-commercial in nature. Guttulus does not grant a commercial right nor does it grant rights relating to this website or the material on this website.   Except for the three rights noted above, all other rights are reserved.

 

No changes

 

User should refrain from transforming, adapting, editing, changing, publishing, republishing, or distributing information from this website without the express permission of Guttulus.

 

Legal action

 

Should Guttulus discover User has violated the above license, Guttulus may bring legal proceedings.

 

 

Contract Termination Letter/Email

Termination Letter/Email

*This is often the most important things agency and freelancers forget. Many times a client will continue to ask for modifications months after the project is completed. Sending a termination notice allows you to charge for these modifications without the awkward stage of wondering whether you will be paid or not. A simple email usually suffices.

 

Dear Client,
This notification is to inform you that we are terminating our services provided by [insert] contract on [date].   The contract and all corresponding services have been completed in full.  This email is notification of such.  No further services will be provided without a new signed contract.

 

Please note that you have 14 days from [date] to ask for additional modifications under [insert] contract. After this time, you will need to sign a modification or maintenance contract for continued service.

 

We enjoyed working with you for the past [insert] years, and wish you the best.
Please find our report below.
Sincerely Guttulus

[insert]

[insert]

 

PPC General Contract Template

PPC AGREEMENT

 

Date: [INSERT]

Client: [INSERT]

Guttulus

[Address]

[Address]

 

Re:         PPC AGREEMENT

 

Dear [INSERT],

  1. AGREEMENT

1.1          This AGREEMENT (“AGREEMENT”) is by and between Guttulus (“Guttulus”) and [INSERT] International Corporation (“[INSERT]”). [INSERT] desires to engage Guttulus and Guttulus agrees to render to [INSERT] Pay Per Click (“PPC”) services based on the terms and conditions set forth herein. In consideration of the recitals and the mutual promises set forth in this AGREEMENT, the parties hereto agree as follows:

  1. SERVICES PROVIDED

2.1          [INSERT] agrees to retain Guttulus and Guttulus agrees to provide PPC services for [INSERT] during the term of this AGREEMENT on the terms and conditions described. The objective is to improve [INSERT]’s online visibility. The objective will be achieved by using Guttulus’s proven PPC techniques and expertise.

2.2          Guttulus agrees to provide the following services with the purpose of achieving satisfactory search engine rankings:

(1.1). [INSERT]

(1.2). [INSERT]

(1.3). [INSERT]

(1.4). [INSERT]

(1.5). [INSERT]

2.3          These services will include a maximum of (   ) hours of billable time, based upon the mutually agreed upon hourly rate of ( ), including email and phone consultations, client education and tutoring, and research, preparation and transmission of materials, documentation and information for implementation.

2.4          Guttulus shall perform all additional non-named services required to achieve the objective in section 2.1.

2.5          Guttulus shall perform all services in a diligent and responsible manner.

  1. PAYMENT

3.1          [INSERT] is to pay              USD to Guttulus as a monthly fee under this AGREEMENT.

3.2          [INSERT] is to pay within 15 days of the Guttulus sending an invoice.

3.3          In the event that [INSERT] does not pay within the allotted period, Guttulus shall be relieved of its obligation to perform its services under AGREEMENT. [INSERT] must also reimburse Guttulus for all expenses incurred in connection within the collection of amounts payable, including court costs and attorneys’ fees.

  1. ACKNOWLEDGEMENT

4.1          [INSERT] acknowledges that Guttulus has made no representations or guarantees regarding the results of its services.

4.2          [INSERT] acknowledges that the services of Guttulus may not provide quantitative results either immediately or in the future and that such marketing services often provide benefits which cannot be quantitatively assessed.

4.3          [INSERT] acknowledges that Guttulus has not guaranteed that [INSERT] website will generate additional sales or obtain a specific number of views or visitors or a specific engine placement position.

  1. INDEPENDENT CONTRACTOR

5.1          Guttulus shall not have any right, power or authority to create any contract or obligation, on behalf of, in the name of, or binding upon [INSERT] except express or implied contracts based on the conditions of the work to be performed pursuant to this AGREEMENT.

  1. TERMINATION

6.1          Either party may terminate this AGREEMENT by giving 30 days written notice to the other of such termination.

6.2          In the event this AGREEMENT is postponed or terminated at the request of [INSERT], Guttulus shall have the right to bill pro rata for work completed through the date of that request, while reserving all rights under this Agreement.

  1. DISPUTE RESOLUTION

7.1          If a dispute arises between Guttulus and [INSERT] over this contract both parties agree that the dispute will not be resolved by lawsuit. Instead, Guttulus and [INSERT] will work out the dispute, then, upon request by either party, the dispute will be resolved by arbitration conducted by the American Arbitration Association in [INSERT]. Judgment upon any reward rendered by the arbitrator may be entered in any court of competent jurisdiction.

  1. ENTIRE AGREEMENT

8.1          If any provision of this agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire agreement will remain in effect.

  1. APPLICABLE LAW AND JURISDICTION

9.1          The AGREEMENT is subject to the governing laws of the State of Texas. Any action regarding this AGREEMENT must be brought in Houston, Texas.

  1. NECESSARY MATERIALS

10.1        [INSERT] understands that it may not hold Guttulus responsible for failure of [INSERT] to provide necessary materials, text and information, or to execute and/or implement recommended modifications, or to implement in a timely fashion.

  1. MODIFICATIONS

11.1        Modifications independently made to pages by [INSERT] which can substantially affect and alter optimization of and rankings for the site pages, without timely notification to Guttulus, may result in duplication of work by Guttulus.

  1. SIGNATURE

12.1        [INSERT] acknowledges that [INSERT] has fully read and understood AGREEMENT. By signing AGREEMENT, [INSERT] agrees to the terms and conditions contained in it.

Signature: _____________________             _   Date: _____________________             _

Title:   ________________________       ____

The foregoing is agreed to by:

Signature: ____________________________                Date: _____________________             _

Title:   ________________________       ____

SEO General Contract Template

SEO AGREEMENT

 

Date: [INSERT]

Client: [INSERT]

Guttulus

[Address]

[Address]

 

Re:         SEO AGREEMENT

 

Dear [INSERT],

  1. AGREEMENT

1.1          This AGREEMENT (“AGREEMENT”) is by and between Guttulus (“Guttulus”) and [INSERT] International Corporation (“[INSERT]”). [INSERT] desires to engage Guttulus and Guttulus agrees to render to [INSERT] Search Engine Optimization (“SEO”) services based on the terms and conditions set forth herein. In consideration of the recitals and the mutual promises set forth in this AGREEMENT, the parties hereto agree as follows:

  1. SERVICES PROVIDED

2.1          [INSERT] agrees to retain Guttulus and Guttulus agrees to provide SEO services for [INSERT] during the term of this AGREEMENT on the terms and conditions described. The objective is to improve [INSERT]’s online visibility. The objective will be achieved by using Guttulus’s proven SEO techniques and expertise.

2.2          Guttulus agrees to provide the following services with the purpose of achieving satisfactory search engine rankings:

(1.1). [INSERT]

(1.2). [INSERT]

(1.3). [INSERT]

(1.4). [INSERT]

(1.5). [INSERT]

2.3          These services will include a maximum of (   ) hours of billable time, based upon the mutually agreed upon hourly rate of ( ), including email and phone consultations, client education and tutoring, and research, preparation and transmission of materials, documentation and information for implementation.

2.4          Guttulus shall perform all additional non-named services required to achieve the objective in section 2.1.

2.5          Guttulus shall perform all services in a diligent and responsible manner.

  1. PAYMENT

3.1          [INSERT] is to pay              USD to Guttulus as a monthly fee under this AGREEMENT.

3.2          [INSERT] is to pay within 15 days of the Guttulus sending an invoice.

3.3          In the event that [INSERT] does not pay within the allotted period, Guttulus shall be relieved of its obligation to perform its services under AGREEMENT. [INSERT] must also reimburse Guttulus for all expenses incurred in connection within the collection of amounts payable, including court costs and attorneys’ fees.

  1. ACKNOWLEDGEMENT

4.1          [INSERT] acknowledges that Guttulus has made no representations or guarantees regarding the results of its services.

4.2          [INSERT] acknowledges that the services of Guttulus may not provide quantitative results either immediately or in the future and that such marketing services often provide benefits which cannot be quantitatively assessed.

4.3          [INSERT] acknowledges that Guttulus has not guaranteed that [INSERT] website will generate additional sales or obtain a specific number of views or visitors or a specific engine placement position.

  1. INDEPENDENT CONTRACTOR

5.1          Guttulus shall not have any right, power or authority to create any contract or obligation, on behalf of, in the name of, or binding upon [INSERT] except express or implied contracts based on the conditions of the work to be performed pursuant to this AGREEMENT.

  1. TERMINATION

6.1          Either party may terminate this AGREEMENT by giving 30 days written notice to the other of such termination.

6.2          In the event this AGREEMENT is postponed or terminated at the request of [INSERT], Guttulus shall have the right to bill pro rata for work completed through the date of that request, while reserving all rights under this Agreement.

  1. DISPUTE RESOLUTION

7.1          If a dispute arises between Guttulus and [INSERT] over this contract both parties agree that the dispute will not be resolved by lawsuit. Instead, Guttulus and [INSERT] will work out the dispute, then, upon request by either party, the dispute will be resolved by arbitration conducted by the American Arbitration Association in [INSERT]. Judgment upon any reward rendered by the arbitrator may be entered in any court of competent jurisdiction.

  1. ENTIRE AGREEMENT

8.1          If any provision of this agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire agreement will remain in effect.

  1. APPLICABLE LAW AND JURISDICTION

9.1          The AGREEMENT is subject to the governing laws of the State of Texas. Any action regarding this AGREEMENT must be brought in Houston, Texas.

  1. NECESSARY MATERIALS

10.1        [INSERT] understands that it may not hold Guttulus responsible for failure of [INSERT] to provide necessary materials, text and information, or to execute and/or implement recommended modifications, or to implement in a timely fashion.

  1. MODIFICATIONS

11.1        Modifications independently made to pages by [INSERT] which can substantially affect and alter optimization of and rankings for the site pages, without timely notification to Guttulus, may result in duplication of work by Guttulus.

  1. SIGNATURE

12.1        [INSERT] acknowledges that [INSERT] has fully read and understood AGREEMENT. By signing AGREEMENT, [INSERT] agrees to the terms and conditions contained in it.

Signature: _____________________             _   Date: _____________________             _

Title:   ________________________       ____

The foregoing is agreed to by:

Signature: ____________________________                Date: _____________________             _

Title:   ________________________       ____

Confidentiality General Contract Template

Confidentiality AGREEMENT

 

Date: [INSERT]

Client: [INSERT]

Guttulus

[Address]

[Address]

 

Re:         Confidentiality AGREEMENT

 

It is understood and agreed to that the below identified discloser of confidential information may provide certain information that is and must be kept confidential. To ensure the protection of such information it is agreed that

1.         The Confidential Information to be disclosed can be described as and includes:

Invention description(s), technical and business information relating to proprietary ideas and inventions, ideas, patentable ideas, trade secrets, drawings and/or illustrations, patent searches, existing and/or contemplated products and services, research and development, production, costs, profit and margin information, finances and financial projections, customers, clients, marketing, and current or future business plans and models, regardless of whether such information is designated as “Confidential Information” at the time of its disclosure.

2.         The Recipient agrees not to disclose the confidential information obtained from the discloser to anyone unless required to do so by law.

3.         This Agreement states the entire agreement between the parties concerning the disclosure of Confidential Information.

  1. Any modification to this Agreement must be made in writing and signed by the parties.

WHEREFORE, the parties acknowledge that they have read and understand this Agreement and voluntarily accept the duties and obligations set forth herein.

Recipient of Confidential Information:

Signature: _____________________             _   Date: _____________________             _

Title:   ________________________       ____

The foregoing is agreed to by:

Signature: ____________________________                Date: _____________________             _

Title:   ________________________       ____