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  1. #1
    Full Member BrattyKitty's Avatar
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    Please help me with this if you are able.

    My company name is being used on other sites. As an example: itemanditem.com company has my business name on every one of their pages as the header.

    Currently, I am a diversified corporation operating under several names that are legally mine exclusively. I noticed when I first started my web site(s), my name existed absolutely nowhere. It was not a web name or part of a web name, it wasn't a catch all phrase.....it didn't exist execpt for my exclusive (and registered) use.

    To put it in another way: it's like using all of "abestweb" name as the header and meta title for another site called wesellstuff.com
    I hope this makes it clearer, just in case I'm too upset to explain myself better.

    I'm hoping someone here can tell me how to deal with this without getting my attorneys involved (because they charge a small fortune for every little thing).

    Plus, I'm a bit embarrassed because I noticed more than a year ago (maybe two) my name sprouting up in the search engines for other sites and kept quiet because I wasn't sure what I am supposed to do about it and didn't want people I deal with to think I'm being a big crybaby about it.

    Any advise would really be appreciated.


    Thanks a million
    Never argue with an idiot.
    The person watching, may not be able to tell the difference!

    :female: :star: :envelope: [url="http://www.bridalbasics.ca/"]:weddingca[/url]

  2. #2
    MasterMike HardwareGeek's Avatar
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    Shoot an email to them pretending to be an attorney and ask them to remove it. If they fail to do so send the email to their host.

    However you said you noticed your name being used a year ago. If they do a google search and see you said that. It can be said that you have given up to any right of the name since you didn't persue the matter imediatly.

  3. #3
    Full Member BrattyKitty's Avatar
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    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR> However you said you noticed your name being used a year ago. If they do a google search and see you said that. It can be said that you have given up to any right of the name since you didn't persue the matter imediatly. <HR></BLOCKQUOTE>

    I don't understand how that would make a difference since this particular name has been mine for over 8 years and is supposed to be protected under my corporate seal and copyright laws.

    And if I wrote them a letter pretending to be an attorney, wouldn't that get me in trouble? Couldn't I just write a letter as myself and how effective would that be?


    I just finished taking screen shots of the pages but I really don't know how I would use them.
    Never argue with an idiot.
    The person watching, may not be able to tell the difference!

    :female: :star: :envelope: [url="http://www.bridalbasics.ca/"]:weddingca[/url]

  4. #4
    Resident Genius and Staunch Capitalist Leader's Avatar
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    (Edit--The posts above must have come in while I was writing, and before I hit "post" on this one.)

    Sending a Cease & Desist Letter is probably the first thing an attorney would do, so you can save yourself the bucks by sending it out yourself (not pretending to be a lawyer).

    Explain in the C&D that you have the legal rights to the name, that they (OtherCompany.com) are infringing, and that they must remove your name from their headers etc.

    "Firm but polite/professional" is how I would have the tone. Sign with a full professional signature, like

    Your Legal Name
    Owner (or whatever "position" you consider yourself)
    YourSite.com

    If that doesn't do it, you can always bring in the "real" lawyers if only to get a law firm's name on the letterhead and show more seriousness.

    To save unnecessary expense, if you email instead of snail-mailing, I would also send any emails with an "electronic read receipt" request (there's some thingy to hit in Outlook Express to do it...I forgot just how to do that, but I remember that you can!), so you can tell whether an ignored email is really ignored or if it just didn't get through.

    Other measures I've seen mentioned are along the lines of complaining to their web host. And, as you know, you can always go all the way and sue their sorry butts if they don't comply with the C&D!

    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR> I noticed more than a year ago (maybe two) my name sprouting up in the search engines for other sites and kept quiet <HR></BLOCKQUOTE>

    Don't tell 'em THAT, though, lol!
    There is no knowledge that is not power. ~Hemingway

  5. #5
    Affiliate Miester my2cents's Avatar
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    dont forget to give them a short deadline to comply.

    some will just ignore you.. you need to be persisitant.

    you have to protect your name...
    ++++++++++++++++++++++++++++++++++++++++++
    that's my2cents, 'cuz I'm a legend in my own mind....

  6. #6
    ABW Adviser Panel Dynamoo's Avatar
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    If I'm really pissed with someone, I send them a letter in the mail via recorded delivery so I can tell when they have signed for it.
    Innovative advertising with Slimeware Corporation and Telephore. Mail-order fuel with Petrol Direct.

  7. #7
    Ms Dumb Ass ... but, *NOT* Today! westgroup's Avatar
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    Maybe I am too naive, but it is quite possible that they saw your name, held it in their subconcscience, then later on thought that it was their idea.

    How many times have to tried to register a weird url, only to have it been taken already?

    I would nicely ask them to change it first, then get nasty if they refuse.

    I know that I will probably get allot of "yeah right, like they didn't know" for this, but it really could be an honest error.

  8. #8
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    Keep in mind that if your company name is not a registered trademark, then there is not too much that you can do. Incorporating under a corporate identity in say Texas as Bobs Discount Cars does not mean that somebody in Florida can not incorporate under Florida law as Bobs Discount Cars.

    However, if you have registered your name with the trademark office (I think it is patents and copyrights office) then you as Bobs Discount Cars could go after the guy in Florida. But of course if he is in say Nigeria (home of all legitimate on-line businesses) then you are going to be out of luck there too.

    And of course finally if the guy is a real dirtbag and makes you actually take it to court, you may wonder whether it is worth chasing all that way and expense.

    Here in Orlando, FL there is a national home builder that had some manufacturing defects that showed during our hurricanes and are being sued by about 1,000 homeowners. Those homeowners opened a web site called companynamesucks.com. And there is nothing the company can do about it at all.

    Just some thoughts.
    Chris Mayr
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    There is a finite amount of intelligence but an infinite amount of stupidity in the universe

  9. #9
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    How does one find an email address for a host like safesecureweb.com?

  10. #10
    I like traffic lights
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    >am a diversified corporation operating under several names that are legally mine
    >exclusively.

    Can you state which law you think give you exclusivity please?

  11. #11
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    Exclusivity, on the web Hmmm, no I don't think so.

  12. #12
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    Your name is only protected nationally if you trademark it which I doubt that you have done. If you are a corporation the name is protected only in the state in which you incorporate. As an example, if you are in NY and the name of your company is ABC Inc., I can incorporate under ABC Inc. in CA unless you have trademarked the name. I can also have a website named ABC Inc even though that may be the name of your website also.

    If you did trademark your name and you noticed a year ago that they were usiing it, the trademark is probably null and void now as you did not take the steps to protect your name when you first saw it being used illegally.

    I'd suggest getting hold of an Attorney who specializes in the Internet. You do not want to use an attorney who doesn't specialize in the Internet as you would just be throwing your money away. As others have said though, I would send each of the offenders a letter (do it registered mail so you have a receipt which you will need if you go to court) and tell them to stop using your name.

  13. #13
    Full Member BrattyKitty's Avatar
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    Exclusively in the real world - do you want me to dig up the charters and quote you every section and subsection?
    It wouldn't be a lot of trouble, really!


    >>>Exclusivity, on the web Hmmm, no I don't think so.

    Maybe not under domainnamesucks.com
    BUT........

    Why would my business names not be guaranteed the same rights as lets say Kmart or any other corporation. If their copyrights, trademarks and registrations protect them, one would think mine would do the same

    Moving right along..........
    I asked for advice ... and I thank the people who attempted to help.
    The issue has been favourably resolved.
    Never argue with an idiot.
    The person watching, may not be able to tell the difference!

    :female: :star: :envelope: [url="http://www.bridalbasics.ca/"]:weddingca[/url]

  14. #14
    Member Chocolate_Chicken's Avatar
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    What Bob95603 said.

    Additionally, if the other person does not sell the same type of product or service as you do, you may have no grounds for disturbing them.

    In other words, Davio's Restaurant can't do a damned thing about Davio's Auto Repair.

  15. #15
    Kung Fu Master Eathan's Avatar
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    If their copyrights, trademarks and registrations protect them, one would think mine would do the same
    With a business name it'd be a question of registered trademark. From what I've read, it's not really protected without being registered (and that just domestically).

    Check out http://www.nolo.com under Trademarks & Copyrights. We have a small library of their books. Worth a look...
    Eathan Mertz

    Black Cat Mining - Gold Prospecting & Rockhounding Equipment

  16. #16
    I like traffic lights
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    >Exclusively in the real world - do you want me to dig up the charters and quote
    >you every section and subsection?
    >It wouldn't be a lot of trouble, really!

    Yes please.

    >Why would my business names not be guaranteed the same rights as lets say
    >Kmart or any other corporation. If their copyrights, trademarks and registrations
    >protect them, one would think mine would do the same

    Ah. So you clearly haven't read those sections and subsections you talk about. If you think you get the same rights as kmart do just by registering a corporation, you're very sadly mistaken.

    The status of a TM changes over time, achieves "notoriety" and obtains more rights. It's quite complicated. Coined phrases, descriptive terms, etc, etc.

  17. #17
    MasterMike HardwareGeek's Avatar
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    Yup and KMart wouldn't wait a year.

  18. #18
    Affiliate Miester my2cents's Avatar
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    Quote Originally Posted by HardwareGeek
    Yup and KMart wouldn't wait a year.
    neither would I!!

    Joe
    ++++++++++++++++++++++++++++++++++++++++++
    that's my2cents, 'cuz I'm a legend in my own mind....

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