i only play a laywer on HN but seems categorically different than the safe harbor dmca which protects youtube etc since google has full control?
same for the amazon case. amazon for fraud and/or tm infringement.
the buyer of the ads as well in both cases but of course those are smaller pockets to empty.
it needs to be done legally but i will say that ads can benefit startups and small companies wrt building awareness against brands which already have it - so i dont think 'ads are the scourge of the earth' but of course rule of law needs to apply.
There's no inherent fraud or trademark infringement in advertising/bidding for search terms of your competitors. A classic example is Dominos bidding for 'Pizza Hut', and vice versa.
There may be trademark infringement when you use another company's trademarks. There are some exceptions, for example copy like 'Compatible with $X' or 'Learn why users are switching from $X to <you>' are generally fine. The line has been drawn over decades of court battles and case law.
At work, we've dealt with a few examples that go as far as falsely impersonating our brand.
Recently, we've started getting 'explanations' from these (usually fly-by-night operators) that it was 'unintended' and the result of AI targeting and optimization. Yeah, right.
i only play a laywer on HN but seems categorically different than the safe harbor dmca which protects youtube etc since google has full control?
same for the amazon case. amazon for fraud and/or tm infringement.
the buyer of the ads as well in both cases but of course those are smaller pockets to empty.
it needs to be done legally but i will say that ads can benefit startups and small companies wrt building awareness against brands which already have it - so i dont think 'ads are the scourge of the earth' but of course rule of law needs to apply.