SEO and Trademarks

[nalot]

Some advice on the following would be appreciated:

Scenario
Let's say we own “www.phonecases.c-o-m” and our company sells all sorts of compatible phone cases for all types of phones, iPhones, Samsung etc. The phone cases being sold are not from the trademark owner.


Our established site is legitimately SEO'd and for each model of phone we have an appropriate and logical landing page, let's use iPhone6 as an example, “www.phonecases.c-o-m/iPhone6”.

On our site all of the iPhone6 images/descriptions/folders/destination URLs etc, all are named, "IPhone6case1.jpg",
"iPhone6case2.jpg" etc etc.

As I understand SEO, the relevant naming of files is just one element that helps with Google ranking. (I have a question at the bottom that relates to this point).


So, our iPhone6 landing page has optimum relevant content, destination URL and meta tags etc, etc (assume everything's SEO'd perfectly!). Please note, we have integrity and want to be legal and when a visitor opens our iPhone6 landing page the descriptions clearly state that the cases are compatible with the iPhone6 and not originals.


Now, with our great SEO work let's assume that our site is ranking half way down the first page of Google (below Apple) for the term "phonecases+iphone6", and displays the following text:


"Iphone6 - Phone Cases
www.phonecases.c-o-m/iphone6
Purchase iPhone6 cases. Fast delivery with big savings"


At this point I believe confusion has been caused because we appear to be selling a trademarked product and potentially taking traffic from the rightful owners.


Three questions:

1..Do you agree with the final paragraph regarding the confusion that has been created using the trademark?

2. Would the trademark continue to be infringed if we were to rename all files, images, folders to include the word "compatible", e.g. change the URL to, "www.phonecases.com/iphone6compatible" and description etc, to produce the following Google result:


"Iphone6 - Compatible Phone Cases
www.phonecases.c-o-m/iphone6compatible
Purchase iPhone6 compatible cases. Fast delivery with big savings"


3. Finally, and importantly, if we were to rename all the files/landing pages etc, relating to the iPhone6 to include the word “compatible” would that have a big impact on SEO and Google ranking?


Look forward to hearing your views.


Please note, I’m not selling phones, phonecases, and no connection with the site mentioned in any form. This is just an example.

Nalot

 

[enlytend]

I am not a lawyer and can't give you legal advice, but trademark infringement is generally pursued for things left of the first slash (i.e. the domain), not filenames or page titles.

However if your visitors think it's a "bait and switch" that won't do you any favors, regardless of where you rank. Misleading titles and snippets can lead to a high bounce rate (visitors only visit one page and leave)* + short time-on-site - if those metrics are outside the norm compared to surrounding sites in the SERPS, your rankings won't hold.

If you're promoting affiliate programs, read the terms carefully as some DO have restrictions on what you can put in titles and descriptions, as well as domains and subdomains...

*A "bounce" just means someone visits one page and leaves. That in itself won't hurt you, as that page could be exactly what they want and they stay to read it. But if they quickly hit the "back" button, it's not good and will count against you.

 

[nalot]

Thanks enlytend. My question should have been more concise.

We don't intend to mislead or engage in any sort of affiliation. It's simply selling compatible products for a trademarked item.

If our site appears immediately after the trademark owners site in a Google search, AND the trademark owner also sells original products for the trademarked item, then wouldn't they have a case to request that we "damage" our site by renaming all images, URLs folders etc, to include the word "compatible".

I appreciate the point about the domain trademark infringement, but isn't this scenario one that potentially takes away profit from the owner of the trademark?

 

[enlytend]

That's a question for a lawyer - personally, I've never heard of it, but depends on how litigous the company is. More likely to send you a C&D asking you to stop using their name in connection with the non-genuine products, but if you're really concerned I'd check with an "authentic" lawyer - who would need to know all the details to give you a good answer.

My comment about "bait and switch" - not saying you were trying to be deceptive, just meant that if the VISITOR thought it was an authentic product, clicked through and found it was not, it might hurt your traffic metrics.

SEO-wise, throwing in the word "compatible" won't necessarily prevent you from ranking for searches WITHOUT the word "compatible", though it will of course appear in the search snippet.

 

[nalot]

Thanks for your insight enlytend, much appreciated.