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  1. #1
    ABW Ambassador Snib's Avatar
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    Effective immediately, Linens-N-Things affiliates are prohibited from bidding on the brand names (and variations thereof) of our competitors, including but not limited to:
    Bed Bath and Beyond
    Target
    Wal-Mart

    What's up with this? If I actually did bid on these competitors I'd probably drop LNT before stopping my bidding. How can they demand such a thing? Do you find this acceptable?

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

  2. #2
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    It's a complete croc.

  3. #3
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    Meaning they don't want you to bid on Target, Wal-Mart etc sending the traffic to LNT, that's all. Not sure why anybody would do that anyway. Somebody searching for Target or Walmart will probably shop at Target or Walmart not Linens N Things.

  4. #4
    ABW Ambassador flamingoworld's Avatar
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    Ah, they must have read my post on another forum. This is because I questioned a site who was in the search engines for Bed Bath & Beyond Coupons, but when you got to the site, it says sorry, non avail. but we do have coupons for Linens n Things, and listed all Linens n Things.
    I suppose they don't want a lawsuit from Bed Bath & Beyond..

  5. #5
    ABW Ambassador Snib's Avatar
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    Ahh, that makes more sense. I didn't realize BB&B had an affiliate program, what network are they on?

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

  6. #6
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    They don't. They're just bidding on Bed Bath and Beyond and trying to send that traffic over to LNT who does have a program. I wish Bed Bath and Beyond had one.

  7. #7
    ABW Ambassador Snib's Avatar
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    So it all makes sense now. I didn't think they had a program, wish they did too!
    Hatred stirs up strife, But love covers all transgressions.

  8. #8
    Super Sh!t Stirrer SSanf's Avatar
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    Someone is always trying to stifle initiative.
    Comments are opinion unless otherwise noted. Remember, pillage first. Then burn. Half of all people in the world have IQs under 100. You best learn to trust ol' SSanf!

  9. #9
    ABW Ambassador Snib's Avatar
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    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Originally posted by SSanf:
    Someone is always trying to stifle initiative. <HR></BLOCKQUOTE>

    If I hadn't joined ABW I whouldn't have thought twice about it
    Hatred stirs up strife, But love covers all transgressions.

  10. #10
    2005 Linkshare Golden Link Award Winner  ecomcity's Avatar
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    Pox on all you SE keyword spammers. At least the pimps for the real whores have the sense to not take coupons....outside Vegas

    Maybe we should be more politically correct and just call them "Cookie Magicians". Merchnats wanting to clean up this industry ...drop coupons... push only Free Freight offers! Most all SE spam gets eliminated.
    Webmaster's... Mike and Charlie

    "What have you done today to put real value into a referral click...from a shoppers viewpoint!"

  11. #11
    ABW Ambassador Snib's Avatar
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    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Originally posted by EcomCity.com:
    Pox on all you SE keyword spammers. At least the pimps for the real whores have the sense to not take coupons....outside Vegas

    Maybe we should be more politically correct and just call them "Cookie Magicians". Merchnats wanting to clean up this industry ...drop coupons... push only Free Freight offers! Most all SE spam gets eliminated. <HR></BLOCKQUOTE>

    This makes absolutely no sense at all, what does this conversation have to do with coupons or keyword spammers? We're talking about PPC advertising.
    Hatred stirs up strife, But love covers all transgressions.

  12. #12
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    Intentionally optimizing a site for the keywords "Bed Bath and Beyond Coupons" then pointing the site to LNT is, quite simply, misinformation. It is not innovative thinking.

    I commend LNT for being proactive on this even though they were benefitting from the intentionally misleading web sites.

  13. #13
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    I can understand and respect this policy. If I was in the mass merchandiser industry, I'd get on the phone with the affiliate managers at the other big players and make a pact for friendly competition.

  14. #14
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    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Originally posted by yintercept:
    Intentionally optimizing a site for the keywords "Bed Bath and Beyond Coupons" then pointing the site to LNT is, quite simply, misinformation. It is not innovative thinking. <HR></BLOCKQUOTE>
    Not only is it "misinformation" or not "innovative thinking" ... anyone using another company's trademark (and that includes affiliates) can be sued for trademark infringement.

    Once Linens-N-Things has made it clear that they do not condone these practices ... the ball (and the lawsuit) is in your court, as it were.

  15. #15
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    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Originally posted by IDoEyes:
    anyone using another company's trademark (and that includes affiliates) can be sued for trademark infringement. <HR></BLOCKQUOTE>

    The elements for a successful trademark infringement claim have been well established under both federal and state case law. In a nutshell, a plaintiff in a trademark case has the burden of proving that the defendant's use of a mark has created a likelihood-of-confusion about the origin of the defendant's goods or services(1*). To do this, the plaintiff should first show that it has developed a protectable trademark right in a trademark(2*). The plaintiff then must show that the defendant is using a confusingly similar mark in such a way that it creates a likelihood of confusion, mistake and/or deception with the consuming public(3*).

    1* - There's no likelihood of confusion about the origin of the defendent's goods or services.

    2* - That, I'm sure they could do.

    3* - BB&B is not a confusingly-similar mark and does not create an element of confusion or deception.

    I'm no lawyer, but this is just innovative marketing -- not trademark infringement.

  16. #16
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    "anyone using another company's trademark (and that includes affiliates) can be sued for trademark infringement."

    What dnathan said. There are plenty of perfectly legal ways one company can use another company's trademark. You see it all the time on TV commericials, Prego better than Ragu, Liquid Plumber better than Liquid Drano, Coke is better than Pepsi etc. They do it at some grocery stores, buy Coke, get a register coupon for money off a future Pepsi purchase, that kind of thing. So you can legally use another company's TM in lots more ways.

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