Archive for April 2008
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Eric Goldman reported a Florida court made a default judgment that requires including negative keywords in search advertising to ensure broad match does not include their trademarked term. Obviously this only applies to the specific instance but there is a dangerous precedent being allowed.
Goldman sees the suit applying to just expanded match in broad match - but it is restricting the use of a trademarked term as just a keyword and not in the ad as Google currently allow and requires the use of negative keywords to ensure they get blocked - or at least then passing the culpability to Google.
With the isolation of responsibility to Google by following these rules - if that is the case - I wonder if Orion Bank will be going after them next… this one I don’t see them having a no show for a defendant.
Beyond the one to one defendant - the suit did allow for it to apply to any other company by including:
a) from any and all use of the term ORION, ORION RESIDENTIAL
FINANCE, or any other confusingly similar term;
b) from using any sign, advertisement, slogans, internet domain name,
promotional material, promotional communication, and/or printed or electronic
matter containing the term ORION, or any other confusingly similar term.
That would stop them from using orion as a term, the domain they own (but they could be a registered company with the name Orion Residential Financein Florida as the suit lists) OrionResidentialFinance.com, and much more.
They by default got Orion - which should have been ruled too broad.And that the defendants were ORION RESIDENTIAL FINANCE,
LLC, a Florida limited liability co.,
and VARIOUS JOHN DOES,
JANE DOES and ABC COMPANIES,
Does ABC Companies mean any future people trying to use Orion?
This has to get taken back to the courts soon.

Anyone who knows the best conspiracy theories of the 20th century can’t blame Dylan Stephen Jayne for trying to sue Google.
Every good conspiracy theorist knows that playing certain songs on LPs backwards is a Satanic chant. The number of clues on the Beatles’ Abbey Road and Sgt. Pepper’s Lonely Hearts Club Band album cover that “Paul is Dead” (Paul McCartney) are too numerous to mention.
So it must have come as a shock to the Conspiracy Theory community that Google prevailed in an appeal of the most bizarre lawsuit ever filed against the search engine.
In September of 2007, Dylan Stephen Jayne filed a (handwritten) suit against the founders of the Google internet search engine, alleging that his social security number when turned upside down is a scrambled code that spells the name “Google.”
He was asking for $5 billion for Google’s alleged “crimes against humanity.”
The District Court reviewed the lawsuit and dismissed it sua sponte (on its own will or motion”) for failure to state a claim. In other words, the judge made a decision without having been asked by either party. (ie. never happened: “Your honor, the defendants, Larry and Sergey, move to dismiss!”)
The ever-resourceful Jayne filed a timely appeal. His case was on appeal from the United States District Court for the Middle District of Pennsylvania and guess what? He lost the appeal a couple months ago.
To prevail on his claim, Jayne needed to demonstrate the Google founders acted “under color of state law” and deprived him of Constitutional rights or rights secured by federal law.
The judges concluded, “It is clear that neither of these criteria is satisfied here. As explained by the District Court, Google and its founders are not state actors, and Jayne’s allegation concerning his coded social security number does not constitute a violation of the Constitution or federal law.”
Making it a particularly bad day for Jayne and sending a shiver down the spine of many a conspiracy theorist, the judges noted, “We also agree that any amendment of the complaint would be futile.”

Seattle is the place to be for Drilling Down on Local Marketplaces this week (April 30 - May 2). For the first time, The Kelsey Group will provide a deep dive into how local search and local media buys will impact political campaigns.
ClickZ Campaign ‘08 editor Kate Kaye (just promoted to ClickZ senior editor), will speak on two panels during the Kelsey Drilling Down Local conference.
Kate’s going to discuss why Buckeye and Lone Star news sites scored big. Of the three main primary contenders, she also found Senator Barack Obama’s campaign has done the most local online advertising, some of it especially innovative. A more compelling local Web effort involved big multimedia ad buys on local news homepages.
Obama is also leading the pack in innovation with expandable video billboard ads.
A few savvy congressional candidates have started to place online ads for this year’s election. You’ll also learn why the majority of congressional, statewide and local candidates lag far behind presidential campaigns when it comes to even considering advertising online.

On Thursday, Google Research engineers presented a paper at the International World Wide Web Conference in Beijing on PageRank for Google Images (pdf) to improve search results for photos, art and graphics. The system promises better image results than are currently available when searching in Google Images and may eventually improve Google Universal Search SERPs.
Key takeaways: Google’s breakthrough uses the “wisdom of the crowd” and contextual signals to rank the relevancy of images. VisualRank does not improve on a search engine’s ability to identify people or determine activities in a photo. The biggest benefits will be reduction of duplicate image content in search results and reduction of “image spam” or inappropriately tagged photos.
This morning The NY Times reported on the new ranking algorithm that identifies and analyzes “authority” nodes and “visual link structure” between a group of images. As with PageRank, images are assigned numbers to define their relevance and relative importance.
Google conducted a series of experiments by retrieving images for 2,000 of the most popular products queries in Google. Users in the experiments were more satisfied by the results and felt they were more relevant.
The Google SERP image shown here displays top ranking results for a group of queries. You can judge for yourself how intuitive and relevant the results are. Google notes an interesting result for the query “Picasso Paintings”; not only are all the images by Picasso, one of his most famous, “Guernica”, was selected first.
We’re assuming the search queries related to the product, “Febreze” were spelled correctly, unlike the typo in the paper misspelled as: “Fabreze.” The current Google image results for keyword “fabreze” are quite different.
Winners: Trademark owners of big brands and commercial products
Losers: All those people who spent innumerable hours tagging photos in Google Image Labeler:
All-time Top Google Image Labeler Contributors
1. SunChaser has 22,961,020 points
2. Zip has second with 22,353,450 points
3. FrD AUTO no car has 15,460,240 points
4. MC DUDE no man has a close 15,350,830 points
5. Mighty is hot on the heels of MC DUDE: 15,339,300 points
Google believes a Web page author will likely choose relevant images for a topic. People, though, don’t typically link to content based on the relevance of images. People link to text.
Google gives an example of an ambiguous query (McDonalds) with a logo that can be identified in photos that link commercial searches. That’s a “visual theme” or ‘visual signal” among all the photos. There may be lots of other themes that can define the relative “strength” of common and commercial images.
In terms of overall performance on queries, the proposed VisualRank displayed fewer irrelevant images than Google for 762 queries. Google’s standard image search producee better results in only 70 search results. In the remaining 202 queries, both approaches tied. Google notes in the majority of these queries, there were no irrelevant images).
When it comes to search, Microsoft is ever the egg while Google remains the chicken. Just a week after news of Google amping up its efforts in the world’s largest nation, Microsoft is revealing its plans to make headway into China.
But just how serious is Microsoft about this oh-so-important market? Only 100 employees are currently dedicated to Chinese search while Google will be adding 200 to its existing 600 person staff this year with expectations to continue adding to its numbers along those lines in coming years.
No doubt, acquiring Yahoo is part of Microsoft’s overall Asia strategy. Yahoo has a strong showing in Asia, something the Sunnyvale search engine wishes Microsoft would have taken into consideration when making its recent unsolicited bid.
In the last post, we talked about installing the Alexa Toolbar as the first step to increasing your Alexa Rank. Let us look at some more things that you can do to achieve this goal.
Alexa Rank Widget
This widget is something different from your Alexa Toolbar. It is supposed to add to your visitor [...]
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