Trademark Poaching

Trademark Poaching and how is it done?

Trademark poaching is common practice that happens on World wide web.  It refers to the affiliate practice of use of  registered  trademarks as Keywords on search engine marketing(PPC like Bing ads). It is also the term used to refer trademark keyword bidding made by Competitors. By this practice, the affiliates steal the organic traffic which would otherwise have gone  directly to the merchant site.

Affiliate programs  of Flipkart, Jabong  and other e-commerce sites as per “Terms of service” wont allow brand bidding. But inspite of measures taken by E-commerce giants , the poachers are devising new methods to prevent detection from affiliate network . This practice is profitable for poachers but it resulted in sharp fall of revenues of the E-commerce sites and is also direct Trademark infringement.

Trademark poaching resulted in shutting down of Google Affliate Network. Due to the lack of technical  and legal mechanism stopping it is difficult. Only action  the E-commmerce sites can take is removal of the affliate who committed fraud from the network.

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