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  1. #1
    ABW Veteran Student Heyder's Avatar
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    I received a letter from the lawfirm of Kalow & Springhut LLP regarding a claim by Cartier watches and jewelery that the data on my website (which comes from cj's datafeed) contains a watch that is "confusingly similiar to the Cartier Trade Dress". They have asked me to immediately remove this item from my website as well as supply them with all promotional materials and supplier information or they will take further legal action against me.

    "If you ever reach total enlightenment while drinking beer, I bet you could shoot beer out of you nose." Jack Handy

  2. #2
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    nice, WTG cartier!

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  3. #3
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    Why not tell them to turn to cj.com?

    carneol

  4. #4
    ABW Veteran Student Heyder's Avatar
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    Joseph I'm wondering why you would celebrate such a thing?

    Don't you realize what this could potentially mean for affiliates?

    Carneol that is exactly what I did do and I believe they will follow that route vs dinking around with me.

    "If you ever reach total enlightenment while drinking beer, I bet you could shoot beer out of you nose." Jack Handy

  5. #5
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    Sometimes the saracasm just doesn't come through correctly on here.... :|

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  6. #6
    ABW Veteran Student Heyder's Avatar
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    Well okay I took it wrong but I actually was hoping you were serious because there is a good point to what I was thinking you had meant. (That responsiblity is falling on the shoulders of affiliates regarding the products they are selling.)

    Dynamic content would be a definate no no.

    "If you ever reach total enlightenment while drinking beer, I bet you could shoot beer out of you nose." Jack Handy

  7. #7
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    So why were you hoping thats what I meant? To argue with me, or, you think its a good idea that dynamic content is a nono?

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  8. #8
    ABW Ambassador DesignerWiz's Avatar
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    I would certainly contact Kalow & Springhut LLP immediately with a follow up to contact CJ directly and provide them a point of contact.

    I would also very clearly state that you are nothing more than an "affiliate reseller" and only promote what is being openly offered to all affiliates through the CJ system and that you have no intentions of removing any content unless specifically instructed by CJ to do so.

    It is not up to you to determine "trademark infringements, or any other legal issues" that may arise from vendors who are clearly responsible for their own legal issues of products "they" are selling whether legal, or possibly not.

    That's my 2 cents.

    Ray Thomas
    DesignerWiz.com CEO
    Development Resource & Javascript Public Archive Center
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  9. #9
    ABW Veteran Student Heyder's Avatar
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    No no I was just hoping you weren't happy I was threatened with legal action.

    "If you ever reach total enlightenment while drinking beer, I bet you could shoot beer out of you nose." Jack Handy

  10. #10
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    Why don't you contact the merchant? They are the one's selling the watch.

    Wayne Porter
    V.P. Product Development
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  11. #11
    ABW Founder Haiko de Poel, Jr.'s Avatar
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    This is pure Horse-hockey!

    I'm hoping that it is just a case of legal not interfacing with marketing at cartier.

    <font size="2" face="Verdana">Haiko


    The secret of success is constancy of purpose. ~ Disraeli
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  12. #12
    Affiliate Manager PetsWarehouse.com's Avatar
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    There is current case law that there is no infringement if the seller is selling ligit goods of that maker.
    So if the watches are in the legal channel of trade-no infringement.

    Henry
    Pet Dealer AM
    Look for our Private Forum at ABW soon!

  13. #13
    I like traffic lights
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    &gt;as well as supply them with all promotional
    &gt;materials and supplier information or they will
    &gt;take further legal action against me.

    I love it when they demand "all promotional materials".

    Blow up a photo of the offending watch and print it into adhesive paper.

    Shoot down to your local tip in a truck, and gather up as many old washing machines as you can find.

    Slap the watch photos on the side of the washing machines alongside a photocopy of their demand email (with the "all promotional materials" highlighted), then take 'em around to Kalow & Springhut LLP and deliver them all to their reception area.

    Smile and wave at the receptionist, then go home.

    Jimmy James Inc. fan club membership # 3312

  14. #14
    Domain Addict / Formerly known as elbowcreek Thomas A. Rice's Avatar
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    - - - - -
    Slap the watch photos on the side of the washing machines alongside a photocopy of their demand email (with the "all promotional materials" highlighted), then take 'em around to Kalow & Springhut LLP and deliver them all to their reception area.

    Smile and wave at the receptionist, then go home.
    - - - - -

    Eh, now that would be funny....

    I drank what??! -Socrates

  15. #15
    ABW Veteran Student Heyder's Avatar
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    w0803, w00m, ygbp6, are the sku numbers you can search up on cj and see what I'm talking about. Apparently they are claiming these watches to be mocks.

    "If you ever reach total enlightenment while drinking beer, I bet you could shoot beer out of you nose." Jack Handy

  16. #16
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    Heyder of course I'm not happy you may have legal action against you. I think its despicable what they've done...

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  17. #17
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    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR> Heyder of course I'm not happy you may have legal action against you. I think its despicable what they've done... <HR></BLOCKQUOTE>

    Heyder,

    Look at it as a PR opportunity. Want to see your traffic spike? Take this to a reporter.

    best,
    Wayne

    Wayne Porter
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  18. #18
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    I got a trademark/copyright notice from a law firm a while back that objected to a text link I had posted from a link partner. I ignored it because I was too lazy to go in and change it. They haven't followed up.

    I either a) wouldn't do anything and wait for them to contact you again or b) just tell them the issue is between them and the merchant or CJ and they will need to take it up with one of those parties.

    Clones and knock-offs are really hard to prove in court unless it's a really, really blatant rip off. Plus, it can prove quite costly to pursue these cases. Seems like just a scare tactic to me to get you to take down the item without them having to go through the hassle/expense of a suit.

    Kip

  19. #19
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    What wayne said..

    A lot of sites got very successful in just that way..

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  20. #20
    ABW Veteran Student Heyder's Avatar
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    hmmm....

    "If you ever reach total enlightenment while drinking beer, I bet you could shoot beer out of you nose." Jack Handy

  21. #21
    pph Expert! Gordon's Avatar
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    I think this is not very good advice
    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR> I either a) wouldn't do anything and wait for them to contact you again or b) <HR></BLOCKQUOTE>
    They just have contacted me again and by fax???? where the hell did they get my fax number from if not CJ.com it is not on any of my sites anywhere.

    So much for our "trusted third party"

    Travel safe
    Gordon
    YouTrek

  22. #22
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    If they contacted you by fax then I would suggest you contact the merchant and discuss this with them. I would also respond to the Cartier people by explaining that you are an affiliate with the merchant, not the actual merchant and they will need to take this issue up with the merchant. Until there is a court ruling confirming that what you are promoting is in fact a knock off or the merchant withdraws the product you will continue to promote the product.

    There is no way that I would give them any "promotional" materials. Let them work to get it.

    Right now there is no suit against you. There is just a request that you do something. You do not have to do it on their say so. Besides that they shouldn't be going after you, they should go after the merchant. The fact that they aren't doing so makes me think that they don't really have a case or don't want to actively pursue one and are just trying to stop the promotion of the product via scare tactics.

    If their scare tactics worked on you, then drop the product. Otherwise, continue promoting it. It's that simple.

    Kip

  23. #23
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    Is Gordon Heyder? Or did both of you get the same thing? Something different?

    WTF?

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  24. #24
    ABW Veteran Student Heyder's Avatar
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    I would imagine they are contacting everyone under that merchant featuring those products.

    "If you ever reach total enlightenment while drinking beer, I bet you could shoot beer out of you nose." Jack Handy

  25. #25
    ABW Ambassador Akiva's Avatar
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    Gordon,

    They could have easily done a whois on your domain where you list your fax. I just checked and yep your fax is listed.

    Akiva Bergstrom
    Affiliate Partner Manager
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