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FIB - Scams 101 - Ye Olde Archives
Posted By: Mel. White In Response To: Trademark Infringement - TOTAL befuddlemitification.... (MaaMaw)
Wednesday, 6 September 2006, at 4:10 p.m.
> 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...."
LOL!
From the US government's website: "A trademark is a word, name, symbol or device which is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others."
In other words, "Kleenex" is a trademark because there's a number of facial tissues. In writing, we say "Kleenex (tm)" to acknowledge their rights, and then it's legal to talk about them in writing.
We can write about them all we like. We just can't sell facial tissue and call it "Kleenex".
http://www.uspto.gov/web/offices/pac/doc/general/whatis.htm
A search of the US Patent Office website shows a SMC for California that was registered in 2004. However, on its own web pages, SMC doesn't indicate that it's trademarked (though it does use the "R" symbol in its logo.) So, although a trademark was applied for, they actually don't seem to know how to use the mark nor how to enforce it... or even what it's for.
You aren't competing with them. The judge will laugh it out of court. You can check with a lawyyer and confirm.
> 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).
They don't worry about it.
> 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.
Which you don't.
> 2. "Your meta/title tags may not contain (S M C etc.)..."
Actually, it CAN.
> 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."
Like I said, "last resort of a clueless scoundrel."
> "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."
Yes, I'm sure he wants that. Direct him to your lawyer.
> 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?
Declan Dunn approves of SMC.
> Mazu... ditto. (The title tag here is S M C -- not "Review of")
Well, Mazu was kind to him.
> 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?)
I'm sure he's tried to intimidate them. I'm sure it doesn't work.
Direct him (ever so nicely) to go speak to your lawyer. You can tell him that in order to make sure it's not seen as an endorsement (as above) you will word the reommendation against him more strongly. With links to complaints.
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