Illegal Internet Tactics?

[David Hughes]

I may have the wrong end of the stick here but.... if he is using your business name on his site in order to switch traffic then whilst the illegality is debatable, you should at least let Google know as they get annoyed by this. The one thing they hate more than anything is somebody trying to bias their search algorithms.

I used to run marketing for a well know hotel company and if we found out about them doing this (e.g. a generic rooms site using our brand to generate traffic) we'd go after them. Can be a pain to do it - normally a straight cease and desist letter would do the trick. You might want to consider that, and talk to Google. However you need to be sure he is actually using your name - if it is just the case that you have common search terms (as MikeA suggests), then you just need to improve your search marketing. The google algorithm is complicated and they keep changing it to make sure nobody can exploit it.

By the way google definitely frown on somebody else 'buying' your name as a search term.

My guess is that his search marketing and site structure and probably just more effective than yours

[KevinStecyk]

Originally Posted by Ed Gerson

Noel/Kevin - after checking out the "Sky Falling" html and reviewing the simple question: "What is illegal about it?" -

Is it my understanding that an unknown competitor can redirect Google searches by providing the actual name of your business on their website, and by doing so Google will include this unknown competitor's name along with your name in Google's list of hits?

I am out of my depth here on trademarks and copyrights (and perhaps others). If you belief that he is exploiting your business name solely for his business purposes, then you ought to see a lawyer. Or at least learn more about this area of the law.

However, if he provides commentary, you might be out of luck. For example, "Kevin's Photography Services Inc. provides the highest quality photography and is less expensive than our well known competitors such as Ed's Luxury Photography Inc., and Lucky Joe's One Shot Photography." I might be stating facts. This is similar to the Coke Pepsi taste tests of years ago, or your local tire shop where the competitors' advertisements are shown for comparison.

Again, this is beyond my limited legal knowledge and without knowing the specifics, it is even more difficult to provide any guidance.

The challenge you've got with this thread is that you likely don't want to identify him or his site. If you're wrong and you've maligned him or his business, then you've got a defamation issue on your hands.

Without knowing the specifics, my general comment is that you should make your website better known. Make sure that when someone Googles your business name, it appears first.

Sorry I can't be of more assistance.

Regards,
Kevin

[DougAxford]

This is a common tactic among wedding photographers. I am sure that wedding photographers did not invent the method. Bella, the big US chain has been hugely criticized for it, but as far as I know, it continues.

There is nothing illegal, just smart marketing. As long as the opposition does not defame someone that is. In most cases, the names are hidden from public view, just listed in HTML so the search engine will pick it up. I saw one site the other day that listed hundreds of cities that he would shoot weddings in, for the sole purpose of raising his search status. Problem is, he listed them in plain sight on the opening page ... duh.

Sorry.

[Ed Gerson]

Thank you for responding David. This photographer has a home page which has click-on categories: seniors, portraits, proofs and "What's New". The latter category has a crude list of area professional photographers, vendors, resorts, etc., as well as stand alone words like "affordable" and "Monte Zucker". This is a list, not a “Photographer’s Bio” document.

Next week I'll be attending a photographers convention, perhaps the organization’s ethics committee can make some recommendations. This might clear up questions for all concerned.

Thanks - Ed

[Noel_Carboni]

Ed, I've got to tell you I've tried the search for "X Studio" and "Monte Zucker", and even "Ed Gerson" and I cannot find the site you're talking about. I'd like to see it, if you're willing to share it. It's hard to make a judgment without seeing his list.

Edit: Never mind, I found it. Looking at the page I'd say the best you can do is to inform Google - they may de-list him altogether - and also demand he remove your reference from his page.

By the way, this very thread is already indexed and appears on the first page of the above searches.

-Noel

[Ed Gerson]

Thanks Noel, you're a welcome voice in this discussion. - Ed

[BobSmith]

There was a similar sort of thing discussed at length on other forums (possibly in the wedding area here also?) a few months ago. Bella, who markets wedding photography services nationally bought the names of prominent wedding shooters in various markets as keywords for Google ads. They of course bought the usual generic wedding photography related keywords as well. But if John Doe was a prominent wedding shooter in Chicago and you simply searched "John Doe" and "Chicago" without even mentioning wedding or photography, you'd see an ad for Bella at the top of the page. Nothing illegal about it, but there was enough of an outcry on various photo forums that Bella backed off of the practice.

In your situation where someone is loading a page with bogus keywords is a little different. I think Noel's suggestion to contact Google is the best bet. They're not wild about people using assorted tricks to influence search engine placement.

Bob Smith

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