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  1. #1
    Full Member tmd5's Avatar
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    January 18th, 2005
    Geez! Altavista, Kanoodle, Findwhat and Overture are getting their butts sued for $10m compensatory damages and $100m punitive damages, each company.

    Read all about it:

    I wonder what repercussions we can expect from that? (If any)

  2. #2
    ABW Founder Haiko de Poel, Jr.'s Avatar
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    January 18th, 2005
    New York

    This is a could / should be a very interesting case!

    Although I doubt that they [Body Solutions] will win on it's TM claims, I think they will cause a major stink and make many companies rethink if the defendants [SEs]don't stand tall and defend their business models. For if they don't it will most definitely affect us [affiliates] all and the entire PPC marketplace.


  3. #3
    Resident Genius and Staunch Capitalist Leader's Avatar
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    January 18th, 2005
    Another excuse for OverSure to delete listings. If the Merchant's name is IN the listing, then "You won't be able to mention it". But since they won't delete the OLD rule (If you're advertising a Merchant you HAVE TO mention it), they now won't have to show ANY listings at all [img]/infopop/emoticons/icon_wink.gif[/img]

    Seriously, though, it could make it a PITA to get a listing under the Merchant's name. It looks like that (fun and lucrative) part of the PPC game is in trouble...

    I think the trademark infringement claim is bogus, especially since most of the people who mention a trademark in a PPC are trying to SELL the stuff!

    But that "consumer confusion" part may stand. Especially for sites that try to make themselves look or sound like the merchant site.

    It looks like the reason that OverSure started putting "Affiliate" after listings is a lot clearer! (Although I still think it's stupid when the affiliate site looks nothing like the merchant site!!)

  4. #4
    ABW Ambassador
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    January 18th, 2005
    I was just reading this at webmasterworld.
    Also read that Findwhat has challenged Overture's patent -

    [ 02-04-2002: Message edited by: Pete ]

  5. #5
    ABW Ambassador
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    January 18th, 2005

    Body Solutions headquarters are about a mile from where I live. You can't go to a concert or sporting event without seeing a Body Solution Sponser Banner.They have the bucks to sue and sue right [img]/infopop/emoticons/icon_biggrin.gif[/img]


  6. #6
    Chick with Brains Tracy's Avatar
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    January 18th, 2005
    Polk County, Florida
    I saw on the local news the other night that people here in Florida are getting together and filing class-action law suits against Body Solutions [BS] claiming their products don't do what they say they're supposed to do. Maybe BS needs funding to defend those suits ... and looking for deep pockets to get it.

    This would be a nightmare for search engines if they were to win. Can they really make a rule that if a company has a trademark on a name it MUST come up in first place in every search? I just typed Body Solutions at HotBot, and their site wasn't even in the Top Ten. How come they're not suing HotBot? And why aren't they suing the people who are using their TradeMarked name at their sites? ... Deep Pockets.

    AH, AH, AH ... Just did a search at Excite, clicked on BS link and the link was broken, but did the same search at Lycos and could click through. Mmmmmm ... don't think I'd want to mess around with too many search engines. Might have a lot of broken links start appearing, then people will just hit their back button ... and visit all those competiting sites their worried about.

    Perhaps this is just a media stunt. Anybody can file a lawsuit ... don't actually have to follow it through to the end. But look at all the free publicity it is generating, bringing attention to their product, and letting people know that those other sites don't belong to them.

    I never heard of them until I saw that blurb on the news the other night, and what I heard was negative so I didn't give them a second thought.


  7. #7
    Full Member
    Join Date
    January 18th, 2005
    This could start a trend that we'd all hate to see. I did some searches on Overture to see what rank trademarked company names are listed.

    General Motors is ranking 14 when you search for their name.

    Disney is ranked #77 under it's own name.

    Pepsi is #12.

    Yahoo is #13.

    FBI is #9.

    microsoft is # 42!

    IBM is # 69!!

    And how ironic, GOTO is #9!!

    If this case holds water, you can kiss Overture and all of the other pay-for-performance directories goodbye. Thank god I just sold the bulk of my goto shares in anticipation of the several million dollars of revenue they will be deleting over the next 6 months as they "edit" every category and delete affiliate storefronts and every other site that doesn't meet their so-called guidelines.

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