Keyword Hijacking: When Competitors Profit from Your Reputation

In the U.S., it's pretty common to see billboards advertising lawyers along highways, or even on TV and social media. Law firms invest huge amounts of money in advertising to ensure they're the first name you think of when you need legal help. However, not everyone realizes that when you search for a lawyer online, the results might not always be what you expect.

Imagine you’ve seen ads for a personal injury lawyer everywhere. After an accident, you Google their name, thinking you’ll quickly find their website. But instead of that lawyer’s site, the top results are ads for other lawyers! This happens because of a practice called competitive keyword advertising.

Photo: Solen Feyissa, CC BY-SA 2.0 <https://creativecommons.org/licenses/by-sa/2.0>, via Wikimedia Commons

Competitive keyword ads allow lawyers (or any business) to pay for their ads to show up when someone searches for their competitor’s name. So, if you search for “Lawyer A,” you might see an ad for “Lawyer B” at the top of your Google results.

In the U.S., this practice has become a hot topic. Some big law firms are taking legal action, saying it’s unfair and misleading. For example, a major firm like Morgan & Morgan has sued smaller firms for using its name in ads, arguing that it confuses potential clients into thinking they’re clicking on the well-known firm, when in fact they’re not.

The big question is whether these ads are an unethical trick to steal clients or just a clever marketing strategy. Some lawyers say it’s a form of deception because people might not realize they’re clicking on a competitor’s ad instead of the lawyer they actually wanted to find. In countries where legal services are highly advertised, like the U.S., this can be a big deal.

But in Europe, where we don’t see billboards or TV ads for lawyers, this might feel less familiar. However, it still matters when you’re searching for any service online—whether it's a lawyer, a plumber, or a doctor. Keyword ads can pop up everywhere!

Google allows businesses to bid on competitors' names as keywords but has rules to prevent misleading ads. Advertisers must clearly state who they are, and the information in the ad needs to be accurate. Still, the ads are often cheaper than traditional advertising methods like TV or billboards, which is why many smaller firms take advantage of this strategy.

Not everyone agrees on whether these ads are ethical. In some places in the U.S., like Ohio and North Carolina, bar associations have ruled that using a competitor’s name as a keyword is unethical. They argue it confuses people and shows a lack of professional integrity.

However, in other places, such as Colorado, the opinion is more relaxed. Some argue that keyword ads are simply part of modern marketing and that consumers are smart enough to recognize ads and avoid confusion. After all, if you click on the wrong link, you can always hit the back button.

No matter where you are, it’s important to be aware of how keyword ads work. If you’re searching for a specific service, like a lawyer, take a second to double-check the links before clicking. Make sure you're visiting the website of the lawyer you intended to find and not a competitor’s ad.

While this issue is more prominent in countries like the U.S. where legal advertising is common, it’s a good reminder for anyone using Google to be cautious. Online advertising is evolving, and understanding how it works can help you make better choices when searching for services.

If you’re a business concerned about competitors using your name or brand in misleading ways, our intellectual property services can help. We specialize in protecting your rights online, ensuring that your reputation remains intact. Don’t let competitors piggyback on your hard work—reach out today to see how we can help safeguard your business and your brand identity in the digital age!