Results 1 to 6 of 6
  1. #1
    Full Member
    Join Date
    January 18th, 2005
    Posts
    429
    I just received an Express mail letter from an attorney for a cease and desist "using" -- that is -- having a link from the alleged website that is infringing on their Client's trademark name.

    They say they were "informed" that this website's owner was an "affiliate partner" of mine and that this owner received compensation from me for the link on his alleged illegal website. And, that the link sent traffic to my website which is direct competition to thier client and that I am receiving sales from said traffic and making money thru a website that is illegally using a trademark name.

    For one thing I do Not have an affiliate program -- I am an affiliate -- the idiots! If they had done just the slightest amount of research they would have known that.

    When I tried to pull up this "alleged illegal trademark website" it's "cannot find server" status. But when I checked the domain record the admin's email address was for the domain "ultimatesearch.com" which is one of those hundreds of affiliate search sites of pay per click search engines.

    So, I'm thinking because I used a pay per click search engine and my listing showed up on an "alleged trademark infringement site" I am being threatened with litigation???

    Is this legal or frivolous? Just how far can these dirty attorney's go?

    I wrote these idiots back and told them ... I don't have an affiliate program; The alleged illegal trademark website isn't even online therefore a link to my site is impossible; that I have Never compensated this website owner for anything; and they would have to provide the Exact Working URL where my link is located. Oh, also they can be assured I have never infringed on their client's trademark Nor ever will.

    BTW, what's the best way to find a local attorney that knows internet law.


    By your thoughts you are daily, even hourly, building your life.
    You are carving your destiny.
    ~Ruth Barrick Golden

  2. #2
    Full Member
    Join Date
    January 18th, 2005
    Posts
    480
    i have received a few of these types of letters over the past year. In fact, every time i have to sign for a letter I know I am going to have to talk to my lawyer about something.

    The thing with trademarks is you only get to keep your trademark if you fight for it at every chance you get. They do not necessarily have to actually sue you, they just have to have a letter in their files saying they fought to protect their mark. This is important if, one day, they need to actually go to court against somebody. They can show, that in the past they have actually fought for their mark. It means it is theirs.

    Just write them back a nice note to the effect of what you have already written. Lawyers are internet idiots. They just like to write letters to take up time... and make money from their clients.

    Do not sweat it at all.

  3. #3
    Full Member
    Join Date
    January 18th, 2005
    Posts
    429
    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR> They just like to write letters to take up time... and make money from their clients. <HR></BLOCKQUOTE>

    That's exactly what I told my husband, that they were just doing something to add hours to bill their client.

    Personally I think this is harrassment.

    By your thoughts you are daily, even hourly, building your life.
    You are carving your destiny.
    ~Ruth Barrick Golden

  4. #4
    2005 Linkshare Golden Link Award Winner  ecomcity's Avatar
    Join Date
    January 18th, 2005
    Location
    St Clair Shores MI.
    Posts
    17,328
    Those affiliates using the 2nd tier PPCSE's like Knoodle -Findwhat and those 1000's of cloned script keyword sellers end up seeing their listings on BHO search bar plug-ins. ultimatesearch.com and others are blind redirect sites often setting their own affiliate cookies and splitting keyword fees by their drive-by down load browser hijacker application. The Porn 600# dialer is a freebie add-on bonus.

    Mike & Charlie ...

    If they won't adopt and feed a bird ..flip them one! BBQ some Gator and remember to flush WhenU..

  5. #5
    Newbie
    Join Date
    January 18th, 2005
    Posts
    3,219
    Finding an attorney who is internet savvy is like finding and raising good man.

    How to Raise your attorney (man).

    Find a corporate attorney and then Raise him as if you were raising your husband from day one.

    1. Explain what you do and who you are.
    2. Explain you do not have a paralegal and that’s why you pay him; to do his own share of the work
    3. Explain that unless he wants to take 90% less in fess he will have to do the dirty work.
    4. Provide all documentation on Hard Copy; they do not accept screen shots unless you waste tons of ink to print it out. Make sure you are making enough money to waste the appropriate amount of ink.


    This list can go on, but you really need to raise your attorney unless you have the war chest yourself.

    Patience and the Balls to say no you will not do the research for them, and NEVER get a female attorney for this.

    As I am female I can say that by experience, they are simply nothing but big bags of wind with no real value other than there own pocketbook.

  6. #6
    Full Member
    Join Date
    January 18th, 2005
    Posts
    429
    Thanks SandraR

    I knew it would be difficult to find an internet attorney, but not this difficult.

    Yikes!

    I think ALL attorney's are big bags of wind btw.

    By your thoughts you are daily, even hourly, building your life.
    You are carving your destiny.
    ~Ruth Barrick Golden

  7. Newsletter Signup

+ Reply to Thread

Similar Threads

  1. Trademark Infringement
    By Snowman in forum Business & Legal Issues
    Replies: 8
    Last Post: May 6th, 2008, 08:44 PM
  2. Trademark Infringement
    By AffiliateFriendly in forum Commission Junction - CJ
    Replies: 12
    Last Post: March 29th, 2006, 03:03 AM
  3. Trademark Infringement?
    By BradleyB in forum Midnight Cafe'
    Replies: 19
    Last Post: November 15th, 2003, 11:50 AM
  4. Trademark infringement :(
    By oneofthesedays in forum Commission Junction - CJ
    Replies: 14
    Last Post: December 1st, 2001, 10:34 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •