REFRESH to rotate MAAMAW'S CLICKY NOTES thru this space..... Timely Tips, Best of the Boards & More



You'll find great information in this "Read Only" Archive, but remember..... things change.
Be sure to visit the Current Message Board when you're finished here.

We're very friendly, so don't be shy... just jump right in and post your question.
Scams outnumber legitimate biz ops about a bzillion to one, so it's well worth your time.


| View Thread | Return to Index | Read Prev Msg | Read Next Msg |

FIB - Scams 101 - Ye Olde Archives

Trademark Infringement - TOTAL befuddlemitification....

Posted By: MaaMaw
Wednesday, 6 September 2006, at 3:09 p.m.

Just when I think I have it all figured out, somebody clops me with a petrified churro.

Today, I received a very nice letter from S M C (Speclty Mrchnds Corp) informing me that the very MENTION of either of those names on my website "infringes on (their) registered trademark...."

(Excuse all spaces and abbreviations; I don't want this page showing up at the top of the search engines.)

I am more than willing to take down the offending page, because... (1) it's so old that I completely forgot it was there, (2) it is nowhere in the top 100 search results, (3) it isn't earning me a penny, and (4) I knew better than to have a trademarked name in my meta tags but, like I said, I forgot about it.

HOWEVER...

I don't understand, and I'm concerned about other pages on this site, but I'm REALLY concerned about soon-to-be a bzillion-and-one pages on AZoo with mention of "trademarked names" on them (at least I assume the big zoos and hotel chains are trademarked).

The letter refers to this page (as you can see, it's really REALLY old):

http://www.friendsinbusiness.com/best/smc.shtml

The letter says this page infringes in these ways:

1. "...not allowed to use (S M C etc.) or any wording that might lead people to believe that your site is endorsed by or representative of S M C.

(I don't see how it does that.)

2. "Your meta/title tags may not contain (S M C etc.)..."

(Sorry, I forgot about it. I knew that.)

3. "The wording, appearance and design of your advertisements and website must not create the impresion of such an endorsement. You must not use our registered trademark... to market and/or advertise your business."

(Is that what I'm doing? I was trying to tell people I thought it was a legitimate opportunity.)

They specifically cited the paragraphs saying "contact Mike Warner" if you want to test the waters as a subdealer.

It's the ending that confuses me (and worries me with regard to other sites and other pages):

"I need to ask you to address these issues and remove these and all references to S M C from your site as soon as possible."

ALL references?

EX-SQUEEZE ME?

I thought it was only if I gave the appearance of being endorsed by, or representative of, their company -- which I don't believe I do even on the page I'm going to toast.

There are "reviews" of S M C all over the net.

Is there a difference I'm missing?

Declan Dunn has posted a review of S M C that uses the name freely. It is in his title tag as well -- but he says "Review of"... maybe that makes all the difference?

Mazu... ditto. (The title tag here is S M C -- not "Review of")

I suppose questions-and-answers on this board don't count, because obviously they don't make me look like I'm endorsed by, or representative of, the company.

Would that explain why the scathing reports on RipOffReport (the ones repeat the trademarked names over and over again) are not infringing? And the filthy-mouthed attacks on InformercialScams? (I guess the point is, if you're attacking it, you don't appear to be endorsed by it, right?)

So what's the poop here?

Am I allowed to write an article and say I drank Pepsi every day while I was on vacation... or is that violating the trademark?

I'm so confused.

I'm leaving the page up long enough for somebody to tell me why other reviews of S M C are acceptable, but mine is infringing (except the meta tags and the title, sorry sorry sorry, I should have fixed those years ago; you can see I didn't know diddly back then, the way I even repeated keywords over and over again).

Luv,

MaaMaw

The World's Most COMPREHENSIVE eBay Money-Making Course

Messages in This Thread

Have you read MAAMAW'S CLICKY NOTES today?
Excuse me... You MISSED them??
At the top o' the page in the blue bars (sheesh!).

| View Thread | Return to Index | Read Prev Msg | Read Next Msg |

FIB - Scams 101 - Ye Olde Archives is maintained with WebBBS 3.11.


You'll find great information in this "Read Only" Archive, but remember..... things change.
Be sure to visit the Current Message Board when you're finished here.

We're very friendly, so don't be shy... just jump right in and post your question.
Scams outnumber legitimate biz ops about a bzillion to one, so it's well worth your time.



NOTICE TO SCUMBEEZLES
(you know who you are... you scream "Foul!" when the truth comes out)
        PLEASE READ THIS LEGAL NOTICE CAREFULLY BEFORE YOU FILE A LAWSUIT OR EVEN WASTE TIME THINKING ABOUT IT.  It has been done before, but never successfully.  In fact, the last dodobird who tried it ended up being ordered to pay more than $77,000 in attorney fees ($65,000+ to my attorneys and $12,000+ to my co-defendant's legal advisor).
        If your attorney is worth his salt, he's going to tell you that the expense of filing a lawsuit you can't win is a whole lot worse than any "damages" resulting from messages posted on this insignificant little chunk of cyberspace.
        NEWS FLASH:  I didn't just climb down off that ol' turnip truck yesterday.  I'm well aware that expressing a negative opinion, relating one's personal experience, and restating provable facts are all legal in this country and do not constitute libel, slander, or defamation -- so you don't want to play games with me, and you sure don't want to start something you aren't prepared to finish.  I don't take threats lightly, and I don't accept bribes (or did you call it a "mutually-beneficial arrangement"?).  I'll turn you in faster than you can yell, "ARREST ME, I'M SCUM!!" 
        Do yourself a favor and turn your legal team loose in greener pastures.

        Although we may, from time to time, monitor or review discussions, postings and the like on the Friends In Business (Scams 101) Message Board, we are under no obligation to do so.  We are not responsible or liable for any claim arising from the content of any such discussions or postings or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information contained within such locations on the Site.
        You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane materials or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.  You are likewise prohibited from posting any false claims against any company or individual.  We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or materials.
        By posting messages and/or content on the Friends In Business (Scams 101) Message Board, you give permission for Lesley Fountain/Friends In Business/Shoestring Success Publications to display, distribute and use the posting and content for publication, advertising, promotion, excerption or example. You grant Lesley Fountain/Friends In Business/Shoestring Success Publications complete, perpetual, but non-exclusive rights to use, archive, reproduce, adapt, modify, distribute, sub-license, repurpose, rework, compile, or offer for sale or resale the messages, postings or content appearing on this site in whole or in part, throughout the world and universe, on a royalty-free basis without remuneration.  If you cannot accept or agree with the terms of service for this website and discussion board, you are advised not to post on this board.
        In closing, I would like to remind you once again that it is still legal, in this great country of ours, to express a PERSONAL OPINION, as long as it is presented as opinion and not as fact.
        And finally, all you scammers out there will do well to remember that TRUTH IS AN ABSOLUTE DEFENSE against charges of libel, defamation, and slander... so if you're operating just a hop, skip, and jump ahead of the law, you might want to think twice before doing anything stupid... (AND SHAME ON YOU!!).