Seven Illegal Search Engine Optimization Techniques
In this article I discuss seven illegal, or almost illegal, search engine
optimization and related techniques.
1. Trademarked Keywords In Domain Names
If you're thinking of registering a domain name that includes a
trademarked keyword, think again.
Using someone else's trademark to attract customers is illegal. It
violates federal trademark law, which prohibits the use of someone else's
trademark, if it causes a "likelihood of confusion" among consumers.
Take Yahoo for example. They objected to 37 registered domains, including
AtlantaYahoo.com, DCYahoo.com, Jahu.com and Yhu.com.
2. Trademarked Keywords In META Tags
It's not necessarily illegal to use trademarked keywords in your META
tags. But you could get sued, and people have.
It all depends on why and how you are using the trademarked keywords. If
you used the keywords in what is deemed a deceptive manner, then you're
likely to lose your case.
However, there has been one instance of a defendant who proved to the
judge that she had a legitimate reason to use the trademarked keyword.
Here's a short story to illustrate the seriousness of using trademarked
keywords in META tags.
I had a client who included the trademarked brand name of a competing
product in one of his web pages.
One day, he received a letter from the lawyer acting on behalf of the
trademark owner in question.
The letter stated:
"Use of [trademarked term] constitutes federal false advertising,
trademark infringements, state unfair competition and is deliberately
designed to trade on [trademarked term] reputation and goodwill. Placing
the term, [trademarked term], in the keywords and META tags of your site
inappropriately and unlawfully draws Internet users to your site."
They threatened to sue, unless my client removed the trademarked terms
from the META tags. Naturally, we obliged! ;o)
What was surprising was that we could use the trademarked terms in the
visible page body. So we kept the trademarked keywords in the page body.
Pagejacking is copying someone else's web page and submitting it to the
search engines as your own, in hopes of getting high rankings. Quite often
pagejacking also involves page cloaking.
Pagejacking is no more than stealing copyrighted content. It beats me why
people would be so dumb as to try this technique. Don't try it. You will
be caught sooner or later.
4. Deep Linking
Deep linking is the practice of providing a link directly to specific
content on a web site's sub-page, instead of linking to its home page.
On July 5, 2002, the Bailiff's Court of Copenhagen ruled in favor of the
Danish Newspaper Publishers Association, which claimed that Danish company
Newsbooster violated copyright laws by "deep linking" to newspaper
articles on some Danish newspapers' web sites.
The argument is that in bypassing the newspapers' home pages, Newsbooster
links deprive them of advertising revenue. Further, they asserted that
Newsbooster is in direct competition with newspapers.
5. Deep Linking Without Permission
If a site you are linking to has stated that linking is prohibited, or
requires permission first, then don't link to them. If you do, you're
asking for trouble.
6. Trademarked Keyword Advertising
Thinking of bidding for competing trademarked keywords in search engines?
In January 1999, Estee Lauder sued iBeauty and Excite@Home, saying its
trademarks were violated when iBeauty's ads were presented during searches
for Estee Lauder trademarked keywords.
When a person searched Excite@Home's search engine for "Clinique," they
were presented with a banner ad for iBeauty. In addition, the search
returned a list of related web sites, including iBeauty.com.
In August, 2000, iBeauty decided to voluntarily remove the trademarked
keywords from its list.
7. Deep Linking Within A Frame
If you link to another site's content by displaying it within a FRAME on
your site, and your ad in another FRAME, you're walking on thin ice.
What you're basically doing is "stealing" other people's content to
generate advertising revenue. I would recommend staying clear of this
Take care with the marketing techniques you use. If you think a technique
can be construed as illegal, search the internet for possible legal cases
on the technique. If you can't find any, then it's a good chance that the
technique in question is worth pursuing.