Online marketing and branding is can be an intensely competitive market, made even more difficult with there being billions and billions of web pages out there about everything you can imagine. And while they say imitation is the sincerest form of flattery, it can tend to be a death note where the search engines are concerned.
With the web being so massive, it’s can be often difficult to say where content originated. Images get copied, text gets scraped and snippets of code gets replicated across the web on untold amounts of websites. Where organic optimization is concerned, it’s a time intensive process to prove original authorship in some cases, and even then it may not make a ton of difference. There is a difference however, where paid advertisements are concerned, such as with Adwords campaigns.
Adwords is a much different platform from organic search, the biggest being you’re paying for your positioning in the results pages. You bid for your chosen keywords, and if your ad copy and your bid are better than your competitors then your ad will appear, frequently before theirs. It’s a lucrative search market namely because it’s where people make their snap buying decisions. Sometimes, there are companies out there which play a little dirtier than others, sometimes copying ads copy directly, or even copying ad titles and format. It is a dirty business practice, and you can compare it to Pepsi mimiking a Coca Cola commercial or tune.
As dirty as it is to copy your competitors titles, copy or entire text, due to the nature of the business they may be allowed to run the ad, that is of course unless you dispute their usage. A prevalent argument that is often found in these cases falls under the Adwords informational site policy, a long winded document that exists to cover the usage of trademarked terms use in Adwords. It basically limits the use of a trademarked term to the original mark holder, or a reseller of the product. The loop hole exists however, when you get to the portion of informational sites, which can carry the trademarked text if the landing page of the ad is informative in nature to the written ad text. Now just because the loop hole exists, it doesn’t mean you’re out of luck if your competitor runs an identical ad using your text, your primary step should be to file a dispute in your Adwords account against the ad. You’re also covered in the same trademark policy text where it basically says you can’t use a trademarked term if the goal is to take sales away from the trademark holder.
Make sure to be diligent with your Adwords copy, and if you see someone using your very own text to try and snag away sales then you should be reporting them as soon as possible. If you let it slide, there’s nothing stopping you from losing your next big sale.