Bidding on Competitor Brand Names in Peptide Google Ads: What Google Allows and Where the Legal Risk Sits

Can a peptide company bid on a competitor’s brand name in Google Ads?

Usually yes, as a keyword. Google’s Trademarks policy states that it will not restrict the use of trademarks as keywords. What it will restrict, once the owner complains, is the trademark appearing in your ad text when you are a direct competitor. In the US, two federal appeals courts held in 2024 that buying a competitor’s mark as a keyword is not trademark infringement by itself. The risk comes from ads and landing pages that leave searchers unsure whose site they are on.

This is sometimes called “conquesting”, and competitor terms are among the few high-intent searches a newer peptide brand can reach. For peptide companies there is a second question the standard answer skips. Some of the brand names people search in this category are not store names. They are prescription drug trademarks, and Google handles those under its healthcare policies as well as its trademark policy.

What does Google’s Trademarks policy actually restrict?

The policy is enforced on complaint. Google says it reviews trademark owner complaints and “may restrict use of the trademark”. Until the owner complains, nothing is blocked automatically. The review criteria on the policy page split into two lists:

Google says it will not restrict	Google says it will restrict
Using trademarks as keywords	Using trademarks in an ad from a direct competitor
Trademarks in the second-level domain of the display URL	Ads that use the trademark in a confusing, deceptive or misleading way
Resellers and sellers of compatible products, where the landing page is mainly for selling those products, shows prices and makes clear it is a reseller	—
Informational pages about the trademarked products, and descriptive use of a word in its ordinary meaning	—

Four other details on the policy page are worth knowing:

• The mark must be in the ad. Google says “the trademark must be used in the ad, not only on the ad’s landing page.”
• Complaints target specific advertisers. Google accepts complaints only against specific advertisers identified by URL, and only in the countries and industries where the owner has shown trademark rights. Since a July 2023 policy change, complaints can no longer block a term across a whole industry.
• Restrictions follow your domain. Once a restriction is applied, it generally holds on an ongoing basis for any ad using the same second-level domain in its final URL. Opening a new campaign does not reset it.
• Warning before suspension. Google says Trademarks violations will not lead to immediate suspension without prior warning. It issues a warning at least 7 days before suspending an account.

What have US courts said about competitor keyword bidding?

Two published appellate decisions from 2024 matter most for US advertisers:

• 1-800 Contacts, Inc. v. JAND, Inc. (2nd Circuit, 2024). 1-800 Contacts sued Warby Parker for buying its brand names as search keywords. The court said it “join[ed] the consensus view” that “the mere act of purchasing a competitor’s trademarks in the context of keyword search advertising does not constitute trademark infringement.” It then looked at the ad and the landing page, found that neither displayed the plaintiff’s marks and that Warby Parker’s own name was clearly shown, and affirmed dismissal.
• Lerner & Rowe PC v. Brown Engstrand & Shely LLC, 119 F.4th 711 (9th Circuit, 2024). A law firm bought its larger competitor’s name as a Google Ads keyword. The Ninth Circuit affirmed summary judgment for the firm doing the bidding and held that this conquesting did not violate the Lanham Act on the facts presented.

Both cases turned on likelihood of confusion. Neither case held that everything around the keyword is safe. What the courts examined was the ad text and the landing page. An ad that uses the competitor’s name, implies an affiliation, or sends the searcher to a page styled like the competitor’s would present a different set of facts. Outside the US, and in other circuits, the analysis can differ.

Why is competitor bidding different for peptide and telehealth brands?

In most categories a “brand term” means a competitor’s company name. On a peptide or telehealth account, searchers also type three other kinds of names, and Google treats each one differently:

Search term type	Example pattern	Policies that apply	Practical position
Competitor store or clinic name	“[store name] peptides”, “[clinic] reviews”	Trademarks (ad text, on complaint); Misrepresentation	Keyword generally allowed; keep the name out of ad text; make your identity obvious
Prescription drug brand name	Ozempic, Mounjaro, Wegovy	Trademarks and Restricted drug terms (keyword targeting needs Google healthcare certification); Prescription drug services	Uncertified accounts should not target these terms at all, whether as competitor or generic terms
Generic compound name	“semaglutide”, research peptide names	Restricted drug terms (for Rx ingredients); Unapproved Substances	Not a trademark question. It is a healthcare policy question; see our Unapproved Substances guide
Coded or look-alike names	“GLP-3”, “Reta”, abbreviated brand hybrids	Unapproved Substances bans names “confusingly similar” to unapproved or controlled substances; FDA warning letters noted coded names	Do not bid on or use them. The disguise itself is a risk signal

The row that catches accounts is the second one. Google’s Restricted drug terms policy says that for campaigns targeting the US, Canada or New Zealand, “you must be certified in order to keyword-target these terms.” A compounded-GLP-1 telehealth brand that bids on a drug brand name as a “competitor keyword” is keyword-targeting a prescription drug term. Whether trademark law would allow the keyword does not matter if the account is not certified. Our guide to advertising compounded GLP-1s covers the certification route.

How do you run a competitor campaign that holds up?

1. Build a separate campaign. Keep competitor terms out of your brand and generic campaigns so budgets, search terms and any complaint can be handled without touching the rest of the account.
2. Check the term type before adding it. Use the table above. If the “competitor” is a drug brand, a compound, or a coded name, it is not a competitor keyword in the trademark sense, and the healthcare policies apply.
3. Write ads about yourself. Your brand name in headline 1, your own offer and your own facts. Do not put the competitor’s name in headlines, descriptions or assets, and do not use keyword insertion in competitor ad groups, because it can drop their mark straight into your ad text.
4. Send clicks to a page that is clearly yours. Your logo, business name and contact details should be visible above the fold. Do not use the competitor’s product names, layout or imagery.
5. Handle comparison pages with care. Google allows informational use, and Microsoft Advertising explicitly permits comparative advertising if the claims are substantiated. Any comparative claim (“tested more often than”, “lower price than”) needs dated evidence you can produce on request.
6. Watch search terms weekly. Competitor keywords on broad match can drift into drug names and compound searches. Add those as negatives. See our campaign structure guide for how we use negative lists as a compliance control.
7. Keep a log. Record the ads and landing pages that ran and when. If a complaint or demand letter arrives, you will be answering with facts rather than from memory.

What can you do if a competitor bids on your brand?

Bidding on your name as a keyword is generally allowed under Google’s policy. What you can act on is your mark in their ad text.

• Google: trademark owners file through Google’s Report Content process. The complaint must identify specific advertisers by URL, and it covers only the countries and industries where you can show rights. A registered mark makes the process simpler. Google’s Trademark Troubleshooter also handles authorising a reseller to use your mark.
• Microsoft Advertising: Microsoft’s Intellectual Property policy (updated 10 June 2026) says it expects owners to contact the advertiser directly first. If that fails, the owner can file its Intellectual Property Concern Form. Microsoft also says it is “not a mediator” in disputes.
• Your own brand campaign: a low-budget brand campaign means your ad can appear for your own name even when a competitor is bidding on it. It also costs money, so measure it and do not assume it is needed.

For peptide companies there is one more reason to register the brand. Whether you can file a complaint at all depends on showing trademark rights in the relevant country.

Is competitor bidding worth it for a peptide brand?

We do not publish conversion or cost-per-acquisition figures for competitor campaigns, because we do not have a cleared dataset. Here is what can be said without one. Someone searching a competitor’s name was looking for that competitor. Your ad is less likely to be the result they wanted, and Google’s Quality Score includes expected click-through rate and ad relevance. Treat competitor terms as a test with a fixed budget and a stopping rule, not as a standing channel. Judge the test on completed purchases, not clicks.

It tends to make sense when you can show a difference that is true and verifiable: price, shipping speed, testing transparency, or availability. If the only pitch is “we are like them”, the campaign is paying for confusion, and confusion is the thing the courts and Google’s policy look for.

Want a second opinion on whether your account is ready for this kind of test? Try the Readiness Score, or book a strategy call.

Sources

• Google Advertising Policies Help — Trademarks and Trademark Troubleshooter
• Google Advertising Policies Help — Restricted drug terms and Healthcare and medicines (Unapproved substances)
• Google Advertising Policies Help — Misrepresentation
• US Court of Appeals, 2nd Circuit — 1-800 Contacts, Inc. v. JAND, Inc., No. 22-1634 (2024)
• Lerner & Rowe PC v. Brown Engstrand & Shely LLC, 119 F.4th 711 (9th Cir. 2024), as summarised by Reuters Legal (23 January 2025)
• Search Engine Roundtable — Google Ads drops industry-wide blocks for trademarks (June 2023)
• Microsoft Advertising — Intellectual Property Policies (help.ads.microsoft.com, updated 10 June 2026)

Checked 2026-09-30. Policies and case law change; the current published version governs. Not legal advice.

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