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That Apple would do this is interesting, but more interesting to me is Google's position, and obligation, here. There was a throw-away line in the article about

That Apple would do this is interesting, but more interesting to me is Google's position, and obligation, here. There was a throw-away line in the article about Google "not doing anything about it". What could or should Google do about it? Has Google mediated between competitive ad-buyers in the past? I am not sympathetic to goog in general but it seems like that line puts them in a no-win situation: either they err for not doing anything, or they err for doing something (but not the right thing). Indeed, in this case it would seem the corrective action would better come from Apple than from Google. (Also note this whole play feels like Apple trying to get creative with ways to productively bleed off ridiculously huge capital reserves in a low risk way. It would be ironic for Apple if this blows up into a big thing, but somehow I really doubt it will. )

webmobdev 5y ago
Indian laws are quite clear that Google has an obligation not to allow ads on trademarked terms (used as keywords): > Justice V Kameswar Rao also observed that allowing individuals who are not owners of a trademark to choose a keyword which is a trademarked term or use parts of the trademark interspersed with generic words in the Ad-title or Ad-text may constitute an infringement of a trademark or it's passing off. The Court also opined that the use of trademarks as keywords amounts to "use" in the course of trade in terms of the Trademarks Act. ( https://www.livelaw.in/news-updates/google-not-absolve-liability-ensuring-keyword-not-infringement-trademark-delhi-high-court-184905 https://www.livelaw.in/news-updates/google-not-absolve-liabi... : ) Something similar is happening here - it seems clear that Apple is also bidding for the trademarked keyword "HBOMax" to show their ad to mislead the user to their app store. As per the indian courts, this can make Google liable if they don't act on complain from the trademark owner.
- throwawayamz27 5y ago
  The apple developer program license lets Apple use this trademark anyway, they can advertise any App however they want.
- tgsovlerkhgsel 5y ago
  My guess would be that the developers gave Apple permission to abuse them in this and other ways when they signed up for the app store.
  - javajosh 5y ago
    This is my understanding as well. Although it would be interesting if Indian law forbids entities from signing away this right. (Not all contracts are valid in all jurisdictions - which is certainly well-known to the general public, because every individual hires an attorney to review every Terms of Service, and makes sure they understand and agree with every clause before they agree to it.)

webmobdev 5y ago

Indian laws are quite clear that Google has an obligation not to allow ads on trademarked terms (used as keywords): > Justice V Kameswar Rao also observed that allowing individuals who are not owners of a trademark to choose a keyword which is a trademarked term or use parts of the trademark interspersed with generic words in the Ad-title or Ad-text may constitute an infringement of a trademark or it's passing off. The Court also opined that the use of trademarks as keywords amounts to "use" in the course of trade in terms of the Trademarks Act. ( https://www.livelaw.in/news-updates/google-not-absolve-liability-ensuring-keyword-not-infringement-trademark-delhi-high-court-184905 https://www.livelaw.in/news-updates/google-not-absolve-liabi... : ) Something similar is happening here - it seems clear that Apple is also bidding for the trademarked keyword "HBOMax" to show their ad to mislead the user to their app store. As per the indian courts, this can make Google liable if they don't act on complain from the trademark owner.

throwawayamz27 5y ago
The apple developer program license lets Apple use this trademark anyway, they can advertise any App however they want.
tgsovlerkhgsel 5y ago
My guess would be that the developers gave Apple permission to abuse them in this and other ways when they signed up for the app store.
- javajosh 5y ago
  This is my understanding as well. Although it would be interesting if Indian law forbids entities from signing away this right. (Not all contracts are valid in all jurisdictions - which is certainly well-known to the general public, because every individual hires an attorney to review every Terms of Service, and makes sure they understand and agree with every clause before they agree to it.)