Page 1 of 2 12 LastLast
Results 1 to 25 of 40
  1. #1
    ABW Ambassador La_Valette's Avatar
    Join Date
    September 25th, 2005
    Location
    The Pale Blue Dot
    Posts
    841
    Trademark Infringement Warning - VERY disturbing
    I recently got a nasty letter from CJ telling me to stop bidding on a trademark term immediately or they'd shut down my account, take all my money, and kill my first-born.

    Bad stuff, but particularly bad because I was doing no such thing.

    Still waiting to hear back from CJ to figure out what the **** is going on, but here's what concerns me... it could very well be a competing affiliate who figured out that this trademarked term really irks CJ and that he could induce them to shut down competing affiliate accounts like mine by placing ppc ads using our PIDs. Then let CJ play the part of executioner. Cute way of murdering your competing CJ affiliates. To CJ, it would look perfectly like my ad and they'd assume I'd placed it - I might even be making money that I don't want from it. I have no idea what evidence I could furnish to prove it isn't my ad if this is the case.

    Help please. And if anyone at CJ is reading this, please don't do anything stupid. I'm innocent!!

  2. #2
    Member
    Join Date
    January 18th, 2005
    Location
    Toronto Canada
    Posts
    129
    Are you sure you are not bidding on trademark terms?

    You know that if you "broad match" a term that is part of merchant's name it can be considered a trademark violation.

    For example WeightWatchers does not want you broad match weight even though thier name is all one word. (The term -Weight Watchers- is on their protected keyword list).

    So if you want, for example, to run Google PPC ads with the keyword weight you need to phrase match ie "lose weight" or exact match [weight] to ensure your PPC ad never shows up when a someone searches weight watchers because WeightWatchers doesn't allow that.

  3. #3
    Newbie
    Join Date
    July 28th, 2005
    Posts
    24
    i got similar warning but because i forget to update datafeed. they should not threat publisher coz it. its so rude

  4. #4
    ABW Ambassador La_Valette's Avatar
    Join Date
    September 25th, 2005
    Location
    The Pale Blue Dot
    Posts
    841
    Quote Originally Posted by KevinT
    Are you sure you are not bidding on trademark terms?

    You know that if you "broad match" a term that is part of merchant's name it can be considered a trademark violation.
    100% sure. No part of the trademark in question is a common english word - there's no way we could be doing this without knowing. Some other affiliate must have intentionally or accidentally put our PID into these ads.

    I agree with the person who said threatening publishers like this before investigating is rude. We publishers get no respect.

  5. #5
    Newbie
    Join Date
    January 18th, 2005
    Posts
    14
    Quote Originally Posted by La_Valette
    I have no idea what evidence I could furnish to prove it isn't my ad if this is the case.
    Let commission junk provide the evidence!!! If you haven't done anything wrong then it's their problem. junk has had serious problems with tracking, reporting, ethics and so on. The only department that has seemed to improve is the Excuse Department. I suggest you contact them and ask what evidence they have. They are no more important than you and I.

    What may have happened is that a company sent a trademark violation cease and desist to cj and since cj can't track their own zipcode they somehow got you involved.

    Don't let cj scare you. Also, you may want to consider moving out of cj - I did because I can't trust them.

  6. #6
    Affiliate Manager PaulS's Avatar
    Join Date
    January 18th, 2005
    Location
    Ontario
    Posts
    647
    I agree with above, let CJ know that you are not aware of any trademark infringement, but if they could show you examples of what they are referring to, you will look into it.

  7. #7
    ABW Ambassador La_Valette's Avatar
    Join Date
    September 25th, 2005
    Location
    The Pale Blue Dot
    Posts
    841
    The example they provided was a search page where some CJ merchant ads indeed come up when a bid is submitted on a trademarked term. I NEVER wrote those ads and I have no idea who placed them. I can't even say for sure that they have my PID or not because it seems to be encrypted - CJ claims it's my PID.

  8. #8
    Affiliate Manager PaulS's Avatar
    Join Date
    January 18th, 2005
    Location
    Ontario
    Posts
    647
    Well, you could always run a test transaction on that link. If it shows up in your reports, then someone is using your ID. If it doesn't, e-mail the transaction details to CJ and they can use the order ID to track this to the correct affiliate.

  9. #9
    ABW Ambassador La_Valette's Avatar
    Join Date
    September 25th, 2005
    Location
    The Pale Blue Dot
    Posts
    841
    I thought of that, but a test transaction would be too expensive for me in this case.

  10. #10
    Affiliate Manager 1av8r's Avatar
    Join Date
    July 29th, 2005
    Posts
    218
    Which brings up a feature request to provide publishers with the ability to run test transactions with advertisers at no additional cost. A facility like this could be very useful for a number of reasons.

  11. #11
    ABW Ambassador La_Valette's Avatar
    Join Date
    September 25th, 2005
    Location
    The Pale Blue Dot
    Posts
    841
    In this case it wouldn't be enough though. If I ran a test transaction and the PID was indeed mine, it still doesn't help me to prove to CJ that I didn't place the ad.

    The only way for CJ to figure this out (unless they believe me) is to subpoena Google, YSM, or other search engines for their ppc records to see who's placing which ads.

  12. #12
    Lite On The Do, Heavy On The Nuts Donuts's Avatar
    Join Date
    January 18th, 2005
    Location
    Winter Park, FL
    Posts
    6,930
    Make sure all your campaigns have tracking sources appended to your urls so you can identify their source when they show up in weird places.

    Do this with Yahoo (formerly Overture) content network... or any Miva (formerly FindWhat) campaign... or any other 2nd tier and below PPCSEs and you'll see how snakey the distributions are. They all know you get charged if they flash your ad - so they have inventory (so to speak) when you sign up and they'll do anything to liquidate / show / charge you for it. They end up deciding how your bid keywords relate to a place where they can show them - hell, they'll stream your ad through Direct Revenue and eXact Advertising and other adwhores and they'll do pop ups right over the Weight Watchers site itself.

    They won't ask you first. And it's been my experience that even when you show them proof of crapola distribution, they'll deny it or say they can't control it.

    Go here and see the sections called:
    "Claria" (bulleted point #3)
    "WhenU" (paragraph #1)
    "180Solutions" (paragraph #2)
    http://www.benedelman.org/spyware/#suits
    and you'll see why Weight Watchers is so thorny about crapola ads... they've been burnt for years.

    So choose your PPCSEs wisely...

    And always append a source tag to your campaign / keyword urls. Sometimes your advertising "partners" will truncate it just for fun... to cover their techniques and distribution... a glitch no doubt. This is not an easy problem to solve especially if people use shady PPCSEs.

  13. #13
    Full Member suzie250's Avatar
    Join Date
    May 5th, 2005
    Posts
    416
    You might try contacting your PPC account rep. If this is an adsense ad, I think Google might be helpful in this case. Explain what is happening, a simple, "this ad is not connected with your account" email from Google might be enough to get CJ off your back. Just a thought.
    I disagree with Kay Jewelers. I would bet on any given Friday or Saturday night more kisses begin with Bud Lite than Kay.

  14. #14
    Affiliate Manager PaulS's Avatar
    Join Date
    January 18th, 2005
    Location
    Ontario
    Posts
    647
    Quote Originally Posted by La_Valette
    I thought of that, but a test transaction would be too expensive for me in this case.
    I've sent you a PM with an idea...

    Paul

  15. #15
    Affiliate Manager PaulS's Avatar
    Join Date
    January 18th, 2005
    Location
    Ontario
    Posts
    647
    Alternatively (to my PM), contact your AM with the link provided by Google, ask THEM to place a test order so you can find out if it truly is your link ID that is being used.

  16. #16
    ABW Ambassador La_Valette's Avatar
    Join Date
    September 25th, 2005
    Location
    The Pale Blue Dot
    Posts
    841
    Quote Originally Posted by PaulS
    I've sent you a PM with an idea...

    Paul
    Us newbies can't do PMs (I think)...

  17. #17
    ABW Ambassador La_Valette's Avatar
    Join Date
    September 25th, 2005
    Location
    The Pale Blue Dot
    Posts
    841
    Quote Originally Posted by PaulS
    Alternatively (to my PM), contact your AM with the link provided by Google, ask THEM to place a test order so you can find out if it truly is your link ID that is being used.
    Thanks - I might just do that... It's CJ that's howling at me in this case though, not the AM for the program whose ad is showing up. Indeed, that's another weird characteristic of this incident.

  18. #18
    Affiliate Marketer Rogi's Avatar
    Join Date
    January 18th, 2005
    Location
    Melbourne
    Posts
    415
    One question:

    The Adwords Ad, does it go direct to merchant or to a landing page on your site?

    In the case of a landing page.... (I know this means more work but...) you could
    synchronize all your PPC keywords that YOU are doing, with your site and on every page, check the referrer. If the referrer was Google, get the search term out of the referer and check it against your database (which has all your PPC keywords).
    If it's not found, then it's either natural search results traffic or someone has made an AdWords ad going to your site.
    Then check it against (another table you crated in your database), your 'bad words' table, where if the keyword matches (very closely) to any trademarked terms, you display an error page 'i.e. The page is bull crap, go back and keep clicking the same link to make this scammer broke'.
    If a merchant compains, you can tell them to go click on the link and see the page that comes up. It's not real 'proof' but it'll help.
    So, in the end you will lose potential sales you'd make from someone else giving you paid traffic for free. But hey, at least you're not doing anything wrong.

  19. #19
    ABW Ambassador La_Valette's Avatar
    Join Date
    September 25th, 2005
    Location
    The Pale Blue Dot
    Posts
    841
    Thanks. That would work but whoever placed the ads in question is sending the traffic straight through to the merchant (over my PID), so I have no control over the landing page

  20. #20
    ABW Ambassador
    Join Date
    January 18th, 2005
    Posts
    804
    Hi,

    If you are bidding on a generic term with broad match (widget) and someone searches for trademark widget, then that will show up under your ad unless you specifically add in the trademarked term as a negative keyword.

    Ken MacKenzie

  21. #21
    Member
    Join Date
    January 18th, 2005
    Location
    Toronto Canada
    Posts
    129
    Quote Originally Posted by La_Valette
    The example they provided was a search page where some CJ merchant ads indeed come up when a bid is submitted on a trademarked term. I NEVER wrote those ads and I have no idea who placed them. I can't even say for sure that they have my PID or not because it seems to be encrypted - CJ claims it's my PID.
    CJ encrypted affiliate links are generated under "advanced options" on the "Get HTML" page for the merchant on CJ's site.

    There is no way I can see that a different PID can be inserted in the encrypted link by someone who has not logged in with your id and password. **Edit actually just realized if you just type new PID before you check the check box "encrypt link" it appear to encrypt the link with the different PID***

    That is if the link was encrypted by CJ. Can you see the name of the server www. .net\ before the encryption code begins?, is it one of CJs?

  22. #22
    ABW Ambassador La_Valette's Avatar
    Join Date
    September 25th, 2005
    Location
    The Pale Blue Dot
    Posts
    841
    Quote Originally Posted by KevinT
    There is no way I can see that a different PID can be inserted in the encrypted link by someone who has not logged in with your id and password.
    No need to go through all that trouble - they could have just copied and pasted one of my own encrypted links lock stock and barrel from one of my own (legitimate) ads.

  23. #23
    Member
    Join Date
    January 18th, 2005
    Location
    Toronto Canada
    Posts
    129
    Quote Originally Posted by La_Valette
    No need to go through all that trouble - they could have just copied and pasted one of my own encrypted links lock stock and barrel from one of my own (legitimate) ads.
    Sorry, I interpreted your statement "it seems to be encrypted" as an indication you were unfamiliar with encrypted links and didn't have any out there.

  24. #24
    ABW Adviser Panel Dynamoo's Avatar
    Join Date
    January 18th, 2005
    Location
    Opposite the Slough of Despond
    Posts
    5,465
    Have a poke around at the encrypted link with SamSpade - that takes you through the click process a step at a time. You might be able to glean the affiliate IDs from that.
    Innovative advertising with Slimeware Corporation and Telephore. Mail-order fuel with Petrol Direct.

  25. #25
    ABW Ambassador La_Valette's Avatar
    Join Date
    September 25th, 2005
    Location
    The Pale Blue Dot
    Posts
    841
    Two days gone by and still not a peep from CJ in response to my emails and pleas of innocence. So I'm still living under the account closure threat of their original email. Hard to do business and plan ahead in such an environment...

+ Reply to Thread
Page 1 of 2 12 LastLast

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 How Far will they go?
    By gettnthar in forum Midnight Cafe'
    Replies: 5
    Last Post: October 23rd, 2003, 10:05 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
  •