So I suppose the terms here might actually be “poacher” and “poachee?” In other words, the poacher poaches the poachee? Nevertheless, here’s what is happening …
Basically, the poacher creates a Google ad and puts his competitors’ company names in as keywords — so that when someone searches in Google for one of those competitors, the poacher’s company name appears instead.
If you’re being told that “auction poachers simply want people who search for auction companies to additionally see us” — that’s misdirection. What an auction poacher wants is to steal the poachee’s brand equity and use it for personal gain without you seeing his/her competitor.
It is being said by many poachers that this is, “okay” (ethical) since “everybody does it …” Further, interestingly it is being held in most courts that this is, “okay” (legal) per various judicial rulings.
The poachees do have some possible recourse. For one, they can contact Google with “broad” complaints about Google Ad words here: https://support.google.com/google-ads/contact/aw_complaint.
Additionally, poachees can specifically file a complaint with Google about keyword misuse here: http://services.google.com/inquiry/aw_counterfeit; Google Ads support can also be contacted here: https://support.google.com/google-ads/contact/approvals or here: ads-support@google.com
Potential poachees can possibly protect a specific keyword by trademarking it. If contacting an attorney, you might mention that most prior cases cite trademark infringement and/or the Federal Lanham Act (15 U.S.C. §1051 et seq.)
I have to admit I’m a bit surprised this practice is being defended by saying, “everybody does it …” Even if largely legal, ethical behavior is routinely viewed as supplemental standards requiring honestly, good faith and reasonableness. Seems to me poaching in this regard is promoting dishonesty, in bad faith and clearly unreasonable.
Mike Brandly, Auctioneer, CAI, CAS, AARE has been an auctioneer and certified appraiser for over 30 years. His company’s auctions are located at: Mike Brandly, Auctioneer, RES Auction Services and Goodwill Columbus Car Auction. He serves as Distinguished Faculty at Hondros College, Executive Director of The Ohio Auction School, an Instructor at the National Auctioneers Association’s Designation Academy and America’s Auction Academy. He is faculty at the Certified Auctioneers Institute held at Indiana University and is approved by the The Supreme Court of Ohio for attorney education.
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