breakingtravelnews.com Article by Peter M. Ripin, partner with the law firm Davidoff Malito & Hutcher LLP, New York City, reviews a number of cases concerning legal challenges to both pop-up and keyword advertising.
He concludes:
" First, hotels should prohibit keyword buying and pop-up advertising in their contracts with third party sites and enforce those prohibitions.
Other options to consider include paying the search engines "ransom" by bidding on your own trademark and/or seeking the advice of counsel concerning possible legal action. Although the legal route can be costly, it can also be highly effective and is surely preferable to simply capitulating to the "hijacking" of your hotel's trademark by paying ransom which can also be costly. Since we clearly haven't received our "final answer" from the courts on these issues, it's important that hotels take proactive action now to defend their on-line brands."
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