"How can this be considered non-commercial when the unauthorized party is leveraging the IP assets of another entity, in a disparaging way, to generate revenue? There's a lot of gray here," Crandall says. And he points to a University of Phoenix online gripe site as an example.
Using screenshots, Crandall shows that the gripe site uopsucks.com is running ads sponsored by Google on the top of the page--even above the page's header. The gripe site also ranks within the top 10 organic listings of a search for "University of Phoenix." So not only is the site profiting from use of the online university's brand, it's also hijacking part of the brand's search real estate.