It's funny when your worlds collide.
I'm an avid
knitter. I love the process behind creating a knitted
garment, how colors and textures interplay, and I must say nothing
feels so good as as a hand-knit pair of socks on your feet. I've
recently dived into
creating my own patterns. I also spin my own yarn.
That's right I also get all
18th century and take raw wool and turn it
into a functional product. I am generally fascinated with how things
work and making things from scratch and you can't get more "scratch"
than fluff just cut off a sheep (
stinky, but awfully fun). But I keep
most of that content, as well as my
fitness passions off this blog. I
always intended this place to be solely
professionally focused. Who
knew that the trademark of key words in Google Adwords would erupt a
fire storm in the fiber world!
The Players
In this corner you have
Cascade Yarns. They produce what is generally
thought of as "work horse" yarns. Great colors, high quality,
affordable, exactly what you want when you need 1500 yards of yarn for
a warm sweater. They do not sell their products directly via their website
In that corner is
Knit Picks. Knit Picks is probably THE online
destination for affordable yarns and supplies. They have great product
lines, free shipping after a certainly dollar amount, and unbeatable
customer service. They provide a life time guarantee on their knitting
needles, snap one in half and they will send you a new set no questions
asked.
I knit a beautiful
sweater from Cascade 220 Yarn and I order regularly from Knit Picks. I am a fan of both companies.
The Conflict
Cascade Yarns
filed a suit against Crafts Americana Group, the parent
company behind Knit Picks, claiming trademark infringement for Knit
Pick apparently using "Cascade Yarn" as a keyword in its online Google
Adwords program. They claim that Knit Picks put in a bid on the words
"Cascade 220", "Cascade Yarns", and "220 Superwash", so that if those
terms are searched, an ad for Knit Picks would appear in the "Sponsored
Link" section, thereby driving traffic to the Knit Picks website WHO
DOES NOT SELL CASCADE YARN but a yarn line designed specifically to
compete with Cascade 220 Superwash yarn.
This is a really tricky situation for several reasons.
First of all, Cascade only assumes that Knit Picks put a bid on
"Cascade yarn" in the Google Adwords system. The suit doesn't state
that they know that as a fact. Is this just sour grapes that Knit Picks
out bid Cascade for its own key word? Is that like Pepsi being grouchy
that Coke out bid them for the term "cola"? "Cascade yarn" and "Cascade
220" are trademarked by Cascade, but the term "cascade" by itself is
not and as it is a common term, it cannot be trademarked. Is it
inherently wrong, AND illegal to use a trademarked term in your Adwords
program, especially if you don't actually sell that product? Is it a
"bait and switch" tactic? 10 years ago, you would never see an
advertiser use another company's name in their advertising. But it's
incredibly common now. I just saw a commercial for Snuggle Fabric
Softener that shows Downy Fabric Softener right in its ad. So what if
Downy wanted to bid on "Snuggle Fabric Softener" as a Google Adwords?
This problem also assumes that your consumer is a complete idiot and
cannot distinguish one company from another. Now, if I'm seaching for
an affordable yarn to make a sweater, I could type into Google
"affordable yarn". An ad for Knit Picks comes up, there is no ad for
Cascade. But let's say that I know enough about yarn to know that I
want to use Cascade 220 and I'm just looking for a retailer. I have
made the decision that Cascade 220 is the yarn I am going to purchase.
So I type in "Cascade 220" and look at the ads (First of all, I have to
pop in the cavet that I never make a purchase via Google Adwords, but
that is another post). And boom, there's an ad for Knit Picks and for
Cascade yarn. So if I head over to Knit Picks, I will discover that
they don't actually sell Cascade 220. They have a competing yarn line
that is similar to Cascade 220. I can now be swayed by Knit Picks
product offering and change my mind about my purchase. And that is
exactly what Cascade Yarn is alledging and that's what they are suing
for. They are suing for the assumed situation where someone wanted to
purchase Cascade 220, mistakenly arrived at a Knit Picks page and
changed their mind giving Knit Picks their money rather than a retailer
that sells Cascade 220.
Another tricky thing that you have to think about regarding Google
searches is that Google watches and learns what you search and will
customize results based on your personal search history. In my case, I
search alot for "Knit Picks". I don't search for retailers that carry
the Cascade 220 yarn. Therefore, Google will customize my search
results in favor of Knit Picks as a courtesy to me. I am not sure of
Google Adwords works the say way or not, giving weight to your personal
search history in the results it gives back. That would be an
interesting avenue to investigate.
As of the day I wrote this, Knit Picks no longer shows up when you
search for Cascade products. It will be very interesting to watch how
this shakes out and what the ruling is. The implications of this
decision are much bigger than the fiber world. Thankfully, I have lots
of yarn to keep me occupied while we watch the drama unfold.