Welcome, guest! Login
Close

Login to Your Account


  |  » Forgot your password?
Join

Thread: UGG says, Zappos is selling Counterfeit Goods?

 
Tools Search
  #1  
Old October 2nd, 2011, 12:48 PM
Moderator
Join Date: August 24th, 2005
Location: VY Canis Majoris
Posts: 1,737
UGG says, Zappos is selling Counterfeit Goods?

I was promoting UGG products on one of my site which only listed Zappos links. UGG sent me DMCA and said I am selling counterfeit UGG products, I replied stating I am affiliate of Zappos and using their product images and customers are only directed to Zappos to make a purchase. I didn't hear back from them for a few weeks, and then I got an email from my hosting provider that they have received DMCA from UGG and will shutdown my website if I did not remove the infringing content within 48 hours. In that DMCA, they again complained that I am selling fake UGG products from China when I am only promoting Zappos UGG products. I removed the content to avoid all the hassle, as I was not making much from this promotion anyway.

Of course reputable company like Zappos can't sell fake products. But what's up with UGG ?
  #2  
Old October 2nd, 2011, 01:53 PM
ABW Ambassador
Join Date: January 17th, 2005
Location: Fraser Valley, BC Canada
Posts: 1,090
just curious, are you doing ppc for the UGG products or are we talking natural search?
  #3  
Old October 2nd, 2011, 02:17 PM
Moderator
Join Date: April 6th, 2006
Posts: 2,681
I know that some merchants who carry UGG products have T&C in place that limits the use of the brand name (could be PPC, as Abigail mentioned above). But if Zappos provides affiliates with a banner, I would assume the promotion is allowed!

For what it's worth, Zappos is listed as an authorized retailer on the UGG site:
Find an UGG Authorized Online Retailer | UGGAustralia.com
Join ABW to remove this sponsored message.
  #4  
Old October 2nd, 2011, 02:24 PM
ABW Ambassador
Join Date: January 17th, 2005
Location: Fraser Valley, BC Canada
Posts: 1,090
there was some issues a few years ago with UGG, one of the merchants asked all of the affiliates to pull the products from webpages, only the merchant was sanctioned to advertise for them, then the ban was lifted with an exception to ppc, which was not to be allowed. i can't honestly say i know where it stands at the moment, i just don't ppc them.
  #5  
Old October 2nd, 2011, 03:08 PM
ABW Ambassador
Join Date: January 18th, 2005
Posts: 3,835
I remember something from a while back too which is probably the same as what Abigail is referring to. Can't remember which it was but know it was one of the programs that included several shoe merchants in their program. Hadn't realized the ban had been lifted.

Just curious, have you had any contact with the affiliate manager from Zappos? Would have thought they would have been who UGG would have contacted then the affiliate manager would have contacted you and asked you to remove their links. Am sure you're not the only affiliate to have those links on your site. Don't blame you for removing the links since they contacted your hosting provider, they're obviously taking the matter very seriously if they did that.
  #6  
Old October 2nd, 2011, 03:26 PM
Join Date: April 5th, 2005
Location: Park City Utah
Posts: 14,995
Send a message via AIM to Chuck Hamrick Send a message via MSN to Chuck Hamrick Send a message via Yahoo to Chuck Hamrick Send a message via Skype™ to Chuck Hamrick
My merchant offing UGG within their program, here is the email we sent to jooined affiliates:

style="margin:20px; margin-top:5px; ">
Quote:
UGG has been a hot brand with affiliates for years. Masseys has a great selection of UGG Australia. Affiliates are able to use UGG as long as they use the complete trademark "UGG Australia". You can direct link, use UGG Australia in ad title, copy and page name. As long as you are crediting the products to Masseys Outfitters you are within compliance.
Join ABW to remove this sponsored message.
  #7  
Old October 2nd, 2011, 03:35 PM
ABW Ambassador
Join Date: January 17th, 2005
Location: Fraser Valley, BC Canada
Posts: 1,090
this may be why not all affiliates were contacted - they may leave you alone if you reference the merchant ie. "merchant provider zappos.com" or some such identifier. tread carefully is the watch phrase when dealing with this brand.
  #8  
Old October 2nd, 2011, 03:46 PM
Super Dawg Member
Join Date: January 22nd, 2007
Location: West Covina, CA
Posts: 5,708
style="margin:20px; margin-top:5px; ">
Quote:
Originally Posted by Abigail View Post
this may be why not all affiliates were contacted - they may leave you alone if you reference the merchant
And what does that have to do with defamatory lies that the affiliate is selling counterfeit products, lies that could result in significant damages to the affiliate should a host shut them down. This is absurd. Ugg is acting recklessly and irresponsibly and should not be allowed to get away with it.
__________________
Since June 10, 2012 a vegan aarf but still writing the Hound Dawg Sports Blog
"If you don't have time to do it right, when will you have time to do it over?" -John Wooden;
"Governor, we also have fewer horses and bayonets" -Pres. Barack Obama
  #9  
Old October 2nd, 2011, 04:52 PM
ABW Ambassador
Join Date: January 18th, 2005
Posts: 3,835
Am sure Abigail can speak for herself but think she would agree with you AffiliateHound Think she was most likely just commenting along the same line as me when I said: "Don't blame you for removing the links since they contacted your hosting provider, they're obviously taking the matter very seriously if they did that. " (thinks am gonna check later tonight to be sure I don't have them mentioned on my site and if do that is worded the way Chuck referred to them. To be honest tho, when a brand starts making all kinds of technical rules on how you can promote them am pretty much a scaredy cat and just stay away from them so I don't make any unintentional boo boos and get myself in trouble)

I agree with her and think you do too that an affiliate better be very careful when dealing with how they feature any of their products on their sites if this is how they react to it. Still don't really understand why they didn't contact the affiliate manager instead of being so threatening to the affiliate.

Also, agree with you AffiliateHound that they shouldn't be allowed to treat any of the affiliates like that and agree it could get Nabz or any other affiliate in trouble with their hosting provider and cost him and others probably a lot of money if they were to lose their hosting due to this.
Join ABW to remove this sponsored message.
  #10  
Old October 2nd, 2011, 05:16 PM
Moderator
Join Date: August 24th, 2005
Location: VY Canis Majoris
Posts: 1,737
I do not do PPC, its 100% natural ranking.
In April 2009, Zappos did ask all the affiliate to discontinue promotion of UGG and all the UGG product links were pulled from CJ. I complied and removed all Zappos Links from the site. But this year while browsing I noticed all UGG products listed on CJ portal for affiliates from Zappos, I assumed that Zappos no longer forbid UGG promotion. And I am sure that is not the case here.
Here is one of the paragraph of the DMCA that they sent to my Host.

style="margin:20px; margin-top:5px; ">
Quote:
Our investigation indicates that your company is acting as the web host for <"Website Link">. Our investigation also suggests that the <"Website Link"> site is being used to sell or facilitate sales of counterfeit UGG goods from China and/or other foreign countries to consumers in the U.S. Deckers has not authorized the use of its UGG trademark on the webpage located at <"Website Link">, and these uses therefore infringe Deckers'' UGG trademark registrations.
Under penalty of perjury, Deckers has a good faith belief that use of the UGG mark at <"Website Link"> infringes the rights of Deckers'' UGG trademark registrations, and that the use of the UGG mark at <"Website Link"> is not defensible.
  #11  
Old October 2nd, 2011, 05:29 PM
Super Dawg Member
Join Date: January 22nd, 2007
Location: West Covina, CA
Posts: 5,708
That is textbook libel - publishing a known falsehood to a third party, and with the intent to cause damage yet. I would not stand for this and would absolutely consult an attorney who specializes in this field. If Ugg is doing this on a large scale, it may well support a class action.*

____
caveat: I am not now an attorney and even when I did play one in real life, I did not handle defamation cases.
__________________
Since June 10, 2012 a vegan aarf but still writing the Hound Dawg Sports Blog
"If you don't have time to do it right, when will you have time to do it over?" -John Wooden;
"Governor, we also have fewer horses and bayonets" -Pres. Barack Obama
  #12  
Old October 2nd, 2011, 05:38 PM
Moderator
Join Date: August 24th, 2005
Location: VY Canis Majoris
Posts: 1,737
style="margin:20px; margin-top:5px; ">
Quote:
Originally Posted by AffiliateHound View Post
That is textbook libel - publishing a known falsehood to a third party, and with the intent to cause damage yet. I would not stand for this and would absolutely consult an attorney who specializes in this field. If Ugg is doing this on a large scale, it may well support a class action.*

____
caveat: I am not now an attorney and even when I did play one in real life, I did not handle defamation cases.
That is not an option for me here, as I am 7000 miles away from U.S, and even if I was is U.S, I would not pursue this path for just a few hundred dollars a month. Going down that path may hurt my relationship with merchant which I am not willing to compromise.
Join ABW to remove this sponsored message.
  #13  
Old October 2nd, 2011, 05:44 PM
Super Dawg Member
Join Date: January 22nd, 2007
Location: West Covina, CA
Posts: 5,708
Damage to reputation is worth a lot. What if your host removed your sites and sent notification to other hosting companies and you could not get new hosting from any reputable company?
__________________
Since June 10, 2012 a vegan aarf but still writing the Hound Dawg Sports Blog
"If you don't have time to do it right, when will you have time to do it over?" -John Wooden;
"Governor, we also have fewer horses and bayonets" -Pres. Barack Obama
  #14  
Old October 2nd, 2011, 05:57 PM
Moderator
Join Date: August 24th, 2005
Location: VY Canis Majoris
Posts: 1,737
style="margin:20px; margin-top:5px; ">
Quote:
Originally Posted by AffiliateHound View Post
Damage to reputation is worth a lot. What if your host removed your sites and sent notification to other hosting companies and you could not get new hosting from any reputable company?
I do understand your point of view and I am thankful to my Host for not going down that path. If it had happened, I would have sent DMCA Counter-Notification.
  #15  
Old October 2nd, 2011, 06:08 PM
ABW Ambassador
Join Date: January 17th, 2005
Location: Fraser Valley, BC Canada
Posts: 1,090
I was really just trying to figure out what may have initiated the action on UGG's part. AffiliateHound is right - that letter is a very serious matter. Sincerely hope you have contacted Zappos and the CJ Compliance Office.
Join ABW to remove this sponsored message.
  #16  
Old October 2nd, 2011, 08:26 PM
ABW Ambassador
Join Date: January 17th, 2005
Location: Denver
Posts: 1,786
style="margin:20px; margin-top:5px; ">
Quote:
selling fake UGG products from China
Oddly enough, the "genuine" Uggs are manufactured in China.

There is a page on wikipedia, explaining the convoluted UGG trademark situation.
  #17  
Old October 2nd, 2011, 09:38 PM
ABW Ambassador
Join Date: January 4th, 2006
Location: USA
Posts: 2,263
After reading OP's posts and all other s responses, two questions kept bothering me:

1. Nabz, did you contact Zappos and forward the DMCA from Ugg to them(if I'm you, I will)? If you did, what did Zappos say?

2. If Zappos is selling counterfeit Ugg products, wouldn't Ugg send the same DMCA letter to them? Does Zappos simply ignore Ugg's request or is Zappos too big a fish to be threatened to?

  #18  
Old October 3rd, 2011, 01:09 AM
Member
Join Date: August 29th, 2007
Location: Yokohama, Japan
Posts: 117
UGG Australia has an affiliate program through CJ. They were even represented at CJU, at least I think I saw an UGG Australia guy there. Perhaps you can try contacting them through CJ to get this issue sorted out?
Join ABW to remove this sponsored message.
  #19  
Old October 3rd, 2011, 08:56 AM
Join Date: April 5th, 2005
Location: Park City Utah
Posts: 14,995
Send a message via AIM to Chuck Hamrick Send a message via MSN to Chuck Hamrick Send a message via Yahoo to Chuck Hamrick Send a message via Skype™ to Chuck Hamrick
If anyone would forward me contact info for an UGG affiliate manager I am happy to contact with the hopes that they would come here to clear this up.
  #20  
Old October 3rd, 2011, 08:18 PM
Join Date: April 5th, 2005
Location: Park City Utah
Posts: 14,995
Send a message via AIM to Chuck Hamrick Send a message via MSN to Chuck Hamrick Send a message via Yahoo to Chuck Hamrick Send a message via Skype™ to Chuck Hamrick
Updated copy to be more clear! Turn your first sale for UGG and will give you a bump in commission.
  #21  
Old October 3rd, 2011, 10:11 PM
Super Dawg Member
Join Date: January 22nd, 2007
Location: West Covina, CA
Posts: 5,708
Chuck, given this crap, can you give me one good reason why any affiliate would ever want to be in the same room with the jerks from ugg and face the possibility of being the next target of their vitriolic, defamatory letter-writing campaign?

And I don't want to hear that you're safe if you use the specific wording they demand. Reverse commissions or terminate them from the program for that type of violation (but that's up to the merchant not ugg in those cases). There is no excuse for what they did based on ANY promotional wording used or not used.
__________________
Since June 10, 2012 a vegan aarf but still writing the Hound Dawg Sports Blog
"If you don't have time to do it right, when will you have time to do it over?" -John Wooden;
"Governor, we also have fewer horses and bayonets" -Pres. Barack Obama
Join ABW to remove this sponsored message.
  #22  
Old October 3rd, 2011, 10:17 PM
Join Date: April 5th, 2005
Location: Park City Utah
Posts: 14,995
Send a message via AIM to Chuck Hamrick Send a message via MSN to Chuck Hamrick Send a message via Yahoo to Chuck Hamrick Send a message via Skype™ to Chuck Hamrick
Because my merchant has been selling UGGs for 20 years! I asked the merchant to specifically write the terms of this post so there is no confusion. If you get push back to UGGS we will work to get a resolution. This program is exclusively on AvantLink so you will have the merchant, network and me making sure you don't get jerked around.
  #23  
Old October 3rd, 2011, 10:43 PM
Super Dawg Member
Join Date: January 22nd, 2007
Location: West Covina, CA
Posts: 5,708
That only describes what your response after the fact would be - it does not go very far in guaranteeing that an affiliate would not have their online existence threatened and professional reputation put in jeopardy by ugg.
__________________
Since June 10, 2012 a vegan aarf but still writing the Hound Dawg Sports Blog
"If you don't have time to do it right, when will you have time to do it over?" -John Wooden;
"Governor, we also have fewer horses and bayonets" -Pres. Barack Obama
  #24  
Old October 3rd, 2011, 11:24 PM
Join Date: April 5th, 2005
Location: Park City Utah
Posts: 14,995
Send a message via AIM to Chuck Hamrick Send a message via MSN to Chuck Hamrick Send a message via Yahoo to Chuck Hamrick Send a message via Skype™ to Chuck Hamrick
If you want guarantees then don't promote UGG!
Join ABW to remove this sponsored message.
  #25  
Old October 3rd, 2011, 11:47 PM
Super Dawg Member
Join Date: January 22nd, 2007
Location: West Covina, CA
Posts: 5,708
That's the point. Any affiliate who does is placing their business in jeopardy. And I think merchants who offer their products to affiliates need to realize that, as do their affiliate managers and opms.

There is no fiduciary relationship between a merchant/affiliate manager/opm on one hand and an affiliate on the other, but if they have knowledge that a manufacturer whose products they carry and which they offer affiliates to promote has done this sort of thing, and they do not disclose this to their affiliates, I see that as a serious ethical breach, and it is possible that it may constitute negligent misrepresentation (failure to disclose a material fact, which if known, would have caused the other party to act differently) and subject them all to civil liability should the affiliate suffer damages proximately caused by the actions of the manufacturer.
__________________
Since June 10, 2012 a vegan aarf but still writing the Hound Dawg Sports Blog
"If you don't have time to do it right, when will you have time to do it over?" -John Wooden;
"Governor, we also have fewer horses and bayonets" -Pres. Barack Obama
Reply
 

Tools Search
Search:

Advanced Search

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are Off
Pingbacks are Off
Refbacks are Off

Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
The affiliate marketing for UGG has come to an end?? it2shoes Commission Junction - CJ 50 March 31st, 2010 03:03 PM
UGG Australia??? Trust Commission Junction - CJ 0 June 10th, 2003 11:41 AM

X

Welcome to ABestWeb.com

Create your username to jump into the discussion!

ABestWeb.com is the largest affiliate marketing community on the Internet. Join us by filling in the form below.


(4 digit year)

Already a member?



Content Relevant URLs by vBSEO ©2011, Crawlability, Inc.