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  1. #1
    notary sojac Herb ԿԬ's Avatar
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    Exclamation warning from "Macy's" re: meta tags
    I can remember when a lawyer's office did something similar to this on behalf of Sony.com -- but Sony.com wasn't aware of it

    ________________________________________________________





    Re: Notice of Infringement on the Macys Trademark



    To Whom It May Concern:

    This office is counsel to Macys, Inc., its subsidiaries and operating divisions including Macys department stores (herein referred to as Macys.) Macys is the owner of all rights, title and interest in and to the MACYS name and trademark, which is the basis for an extensive family of trademarks and service marks, and corresponding registrations with the United States Patent and Trademark Office for a wide range of products and services. Macys adopted this mark in 1858, and has since continuously invested substantial time, money and effort in the marketing and development of products and services thereunder nationwide. As a result, the MACYS trademark has become famous. It is one of the best-known brands in the country, and is a property of incalculable value to the company.



    Macys recently became aware of your use of the Macys trademark in meta tags (and/or hidden text) at <removed>to attract Internet traffic to your web site. Your use of this trademark to attract Internet traffic is an obvious attempt to capitalize upon the goodwill associated with Macys for your company's benefit by diverting buyers. More particularly, the Lanham Act, 15 U.S. Code Section 1117 provides for recovery of profits and damages, as well as a sum of up to three times the amount of damages for violations of Section 1125(a).



    Accordingly, demand is made that you immediately cease-and-desist from any further use of the Macys trademark name in the meta tags (and/or hidden text) on your web site. Additionally, we must receive your written assurances that you will make no use of Macys registered mark in your business affairs in the future.



    Provided you immediately comply with our reasonable demands, a lawsuit may be avoided. If your unauthorized use of Macys intellectual property continues and we do not hear from you within five (5) days of the date of this letter, my client has already authorized the filing of a suit against your company, seeking immediately injunctive relief and all damages allowable under the law.



    We shall be monitoring your website and await your response in writing to this office. Should you have any questions or comments regarding Macys position in this matter, please contact me via e-mail. Nothing herein shall constitute a waiver of any of Macys rights in law or in equity, all of which are expressly reserved.



    Sincerely,

  2. #2
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    Geez, I hate stupid stuff like this.

  3. #3
    15 years and counting
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    What's next? Being sued for using their name, Macys to promote them.

  4. #4
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    Welcome to the Macy's affiliate program. Promote us, but don't mention our name.

  5. #5
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    Just to be clear, it's not coming from the affiliate program, old thread with Sony -

    http://forum.abestweb.com/showthread...t=netenforcers

    If it's those same people or something like that. If you have Macy's, next time you get an email from them, hit reply, point the AM to this thread and they need to address it in some way.

  6. #6
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    I think these people have too much time on their hand. It takes at least 30 minutes per offender, from researching the meta, all the way down to sending out the email / licking the envelope.

    Don't they have anything else better to do in this down economy???
    I studied that back in my online business law class and that is so 1990's.

  7. #7
    ...and a Pirate's heart. Convergence's Avatar
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    Pretty stupid - If I wanted to "capitalize" on someone's brand name, I would simply say...

    "Compare <brand1> to <brand2, brand3, etc.>

    Done all the time in retail...
    Salty kisses, Sandy toes, and a Pirate's heart...

  8. #8
    Beachy Bill's Avatar
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    The only one really "capitalizing" on the meta tag issue is the attorney's law firm - who is billing Macy's out the *ss and (likely) at $400 per hour or more...
    Talk about parasites!
    Bill / Marketing Blog @ 12PM - Current project: Resurrecting my "baby" at South Baltimore..
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  9. #9
    ABW Ambassador Snib's Avatar
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    Just show them your affiliate agreement with Macy's and point out the parts that give you permission to use their brand. Case closed.

    - Scott
    Hatred stirs up strife, But love covers all transgressions.

  10. #10
    Affiliate Manager Matt McWilliams's Avatar
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    Hey their attorneys need SOMETHING to do (at $300/hour) to show they are protecting the brand. So why not send a bunch of these letters as busy work?

    7 years of college and law school all to send letters like this. It's good work if you can get it!
    Matt McWilliams
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  11. #11
    Super Dawg Member Phil Kaufman aka AffiliateHound's Avatar
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    Under no circumstances would Macys' attornyes have done this on their own volition, whether or not as a way to engineer fees, as has been suggested.

    Someone in a position of responsibility at Macys would have had to have instructed the law firm to take this action.
    Since June 10, 2012 a vegan aarf but still writing the Hound Dawg Sports Blog
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  12. #12
    ABW Ambassador ladidah's Avatar
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    Quote Originally Posted by Trust
    Just to be clear, it's not coming from the affiliate program, old thread with Sony -

    http://forum.abestweb.com/showthread...t=netenforcers

    If it's those same people or something like that. If you have Macy's, next time you get an email from them, hit reply, point the AM to this thread and they need to address it in some way.
    If Macy's is not aware of such letter it may be some scam affiliate marketers trying to find ways to get rid of competitors by having people stop using Macy's name on their sites so that these scam affiliates can rank better and promote Macy's themselves.

  13. #13
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    I don't think it's that. With companies like that, there is a lot of disconnect. Where one part of the company, doesn't know what the other part of the company is doing. And somebody could have contacted another company to watch for tm abuse or something but that somebody might not know about the affiliate program or the people they hired might not understand like the Sony stuff.

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