What do I do if I see a competitor copying my SEO and using my AdWords?
It is not uncommon for other business to use an aggressive SEO and AdWord strategy to try compete with you in the market. Whilst this is inherently frustrating, it is not necessarily illegal.
Although the law surrounding this kind of conduct is currently uncertain and undergoing some change,
even if you have a trade mark to protect your brand this does not necessarily prevent another business from using your trade mark in its AdWords.
However, the use of a competitors’ online marketing strategy, particularly their SEO and AdWords, combined with other elements can amount to misleading and deceptive conduct.
So, if you see a competitor copying your SEO and using your AdWords, we generally recommend the following steps:
- Record any evidence of their use of your SEO and AdWords. Where possible, take screen shots with a date stamp to preserve any evidence of potentially misleading and deceptive conduct.
- Look at any other platforms through which the competing business is marketing its brand. If the business is also using similar branding, trade marks, and/or look and feel of its online content then also make a record of this.
- Make a note of any evidence of confusion in the market between your business and your competitor’s, such as examples of where customers have tried to contact the competitor but have instead reached you or have called you to ask about the competitor’s goods and services.
Once you have collected all of the above, the best next step is to seek professional legal advice in relation to next steps, and whether or not you would be in a position to take steps to address the issue.
