A Competitor Is Using Your Business Name in Google Ads: What California Law Allows

Last updated: October 2026

A competitor who buys your business name as a Google Ads keyword, so that its ad appears when customers search for you, is usually not breaking the law by itself. A competitor who puts your name in the ad's headline or text, or builds a landing page that looks like yours, usually is. The line is consumer confusion: whether the use is likely to cause confusion, mistake, or deception about affiliation, connection, or sponsorship. Courts apply that test from the view of a reasonably prudent consumer, and in keyword advertising cases they look at how searchers read the results page. (15 U.S.C. § 1125(a)(1).) Kolmogorov Law, P.C. handles these disputes for Orange County and Los Angeles businesses, from the first demand letter through federal court.

Call (909) 235-6116 or contact us online if a competitor's ads are showing up on your name.

How it usually starts

A client notices that searching its own name on Google returns a competitor's ad above its listing. Sometimes the ad is bland: "Flower preservation in Orange County, free quote." Sometimes the headline says the client's name. Sometimes the ad leads to a page that copies the client's photos and wording. The client's phone rings less. Reviews meant for the client land on the competitor. That is the call I get, often from a small business that never registered its name.

Bidding on a competitor's name

Google permits advertisers to bid on competitors' trademarks as keywords in most countries. Courts have generally treated keyword bidding, by itself, as a use that does not confuse anyone if the ad is clearly labeled and does not use the mark in its text. The theory is that a searcher who sees a plainly different company's ad understands it is an alternative, the way a store shelf places competing products side by side.

That is the starting point, not the end. Bidding becomes a problem when it is combined with ad text, a display URL, or a landing page that borrows the competitor's name or look.

Using the name in the ad or the page

Google's own trademark policy restricts the use of another company's trademark in ad text in many circumstances, and a trademark owner can submit a complaint to Google to have such ads removed. That is the fastest fix, and we file it on day one when the mark is registered or otherwise provable.

Legally, using another business's name in an ad headline, a display URL, or on the landing page is a use in commerce likely to cause confusion about source or affiliation. That is what the Lanham Act prohibits, for registered marks and, under section 43(a), for unregistered names and trade dress. (15 U.S.C. §§ 1114(1), 1125(a)(1).) The analysis follows the Ninth Circuit's confusion factors, including the strength of the mark, the similarity of the marks and services, the marketing channels, and the defendant's intent. In the Google Ads context, whether a searcher is diverted before realizing the mistake is part of the argument. The specificity of the ad's labeling matters a great deal.

California adds its own claims. Business and Professions Code section 17200 reaches unlawful, unfair, and fraudulent business practices, and section 17500 reaches false advertising. A competitor whose ad implies an affiliation that does not exist has given you both. Our UCL guide explains what those claims add.

What you need to prove

Rights in the name. Registration helps; it is evidence of ownership and validity. An unregistered name used in commerce for years is also protected if customers associate it with you. (15 U.S.C. § 1125(a)(1).) A distinctive name is stronger than a descriptive one; "Irvine Flower Shop" gets little protection, while a coined or arbitrary name gets a lot.

Confusing use. Screenshots of the ads with dates and search terms, the landing page, and, best of all, evidence of actual confusion: misdirected calls, reviews posted to the wrong business, customers who say they thought they were dealing with you.

Harm. Lost calls, lost conversions, and the cost of corrective advertising.

The steps, in order

First, preserve the evidence: dated screenshots, the ad's full text, the landing page, and your own traffic data for the period. Second, file Google's trademark complaint if the ad text uses your mark. Third, send a demand letter that attaches your registration or proof of use, the screenshots, and the confusion evidence, and asks for the ad text and landing page to be changed and for an accounting. Fourth, if the competitor refuses or the harm is ongoing, file suit and seek an injunction. Where the copying is blatant and the damage is to goodwill, a TRO or preliminary injunction is available.

Many of these matters resolve at step three. A competitor who receives a letter with a registration certificate and a stack of confused-customer screenshots usually changes the ad.

Defending against an overreaching claim

The reverse call comes too: a business is accused of infringement for bidding on a competitor's name, or for using a descriptive term the competitor claims as its own. Keyword bidding with clearly labeled, non-confusing ads is defensible. So is using a descriptive term in its descriptive sense, or comparative advertising that names the competitor truthfully. We respond with the evidence of the ad's labeling and the absence of confusion, and in the right case, file first for a declaration of non-infringement.

Where these cases are heard

Lanham Act claims can be filed in federal court, for Orange County businesses at the Ronald Reagan Federal Building in Santa Ana and for Los Angeles at the First Street Courthouse, or in the Superior Court with the state claims. Google's complaint process runs in parallel and does not require a filing. Our Orange County trademark page covers the courthouses and what small businesses should bring.

What to bring to the first meeting

Bring your registration certificate or application if you have one, and proof of first use of the name. Bring dated screenshots of the competitor's ads and landing page and the search terms that triggered them. Add your call and conversion data before and after, and every example of a confused customer. If you have not registered the name, read our guide to trademark registration; registration strengthens every step above.

Frequently asked questions

Can a competitor legally bid on my business name in Google Ads?

In most cases bidding on a competitor's name as a keyword, with an ad that is clearly from a different company and does not use the name in its text, is not treated as infringement. Using the name in the ad or on the landing page is a different matter.

Is it trademark infringement to use a competitor's name in ad text?

Often yes. Using another company's name in a way likely to confuse consumers about source or affiliation is infringement under the Lanham Act, for registered and unregistered marks. (15 U.S.C. §§ 1114(1), 1125(a)(1).) It may also violate Google's trademark policy.

How do I get a competitor's ad taken down?

If the ad text uses your trademark, submit a trademark complaint to Google. In parallel, send a demand letter with your registration or proof of use and your evidence of confusion. If that fails, a lawsuit with a request for an injunction follows.

Do I need a registered trademark to stop this?

No, but it helps. Unregistered names are protected under section 43(a) if customers associate the name with your business. Registration makes ownership easier to prove and makes Google's complaint process faster.

What can I recover?

An injunction stopping the use, the competitor's profits from the infringing ads, your damages, and in exceptional cases attorney fees. California unfair competition claims add restitution and injunctive relief.

Talk to an Orange County trademark and unfair competition attorney

If a competitor's advertising is trading on your name, call (909) 235-6116 or contact us online. Kolmogorov Law, P.C. is at 327 Magnet, Irvine, CA 92618, and represents businesses in Orange County, Los Angeles, and throughout California. See also our IP litigation page.

This page provides general information about federal and California law and is not legal advice. Outcomes depend on the strength of the name, the ad's wording, the evidence of confusion, and the court.