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Trademark Rights Infringment

by areevez
19 replies
To Whom It May Concern:

Walmart is the owner of the well-known trademarks and trade-names "Walmart" and "Wal-Mart". As you are no doubt aware, Walmart is a trademark used to identify products, services, activities and events related to Walmart.

You have registered, without Walmart's permission or authorization, the domain name 'freewalmartgifts.info'. The Domain Name incorporates the famous Walmart mark and suggests Walmart's sponsorship or endorsement of your website.

In view of Walmart's trademarks rights, we ask that you immediately discontinue any and all use of the Domain Name.

Should you require additional information or wish to further discuss this issue, please do not hesitate to contact the undersigned.

Sincerely,
Walmart Brand Protection


Got this email yesterday< they telling me i cant have the word walmart in my domain? thats crap? why not?
#infringment #rights #trademark
  • Profile picture of the author k_a_babji
    Walmart is not a generic name. As far as I know, it is a brand. Hence, if you are having walmart as part of your site name, you are violating copyright. However, you can have www.yoursitedotcom/walmart.
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  • Profile picture of the author KevinWaldo
    *lol* - dude, it's a clear trademark violation!

    Sam Walton named the place after himself. It's not a generic name - it's like Kmart, Starbucks or Nike.

    With Nike, you could possibly claim your site honored the Greek goddess of victory, but with Walmart, you're pretty clearly infringing on their brand.

    I think in the early days of the web there was a case where a guy who was actually named Mr. McDonald registered McDonalds.com, and he got McDonald's to pay him for the domain name because he had an equally legitimate right.

    But unless your name is Mr. Walmart, you don't have a legal leg to stand on. Sorry.
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  • Profile picture of the author TE2
    Originally Posted by areevez View Post

    To Whom It May Concern:

    Walmart is the owner of the well-known trademarks and trade-names "Walmart" and "Wal-Mart". As you are no doubt aware, Walmart is a trademark used to identify products, services, activities and events related to Walmart.

    You have registered, without Walmart's permission or authorization, the domain name 'freewalmartgifts.info'. The Domain Name incorporates the famous Walmart mark and suggests Walmart's sponsorship or endorsement of your website.

    In view of Walmart's trademarks rights, we ask that you immediately discontinue any and all use of the Domain Name.

    Should you require additional information or wish to further discuss this issue, please do not hesitate to contact the undersigned.

    Sincerely,
    Walmart Brand Protection


    Got this email yesterday< they telling me i cant have the word walmart in my domain? thats crap? why not?
    re: Your question - "Why not?"

    See the BOLD RED text above - they told you why...

    Regards,

    John

    ps - As KevinWado stated, it's trademark infringement and you better believe they will protect their brand. I expect you will be hearing more from them. Be prepared to transfer the domain name to them at your expense.
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    • Profile picture of the author kindsvater
      This is the key:

      "the domain name 'freewalmartgifts.info'. ... and suggests Walmart's sponsorship or endorsement of your website."

      If, instead, your domain name was 'walmartsucks.com' there would be no trademark infringement issue, even though their entire trademark is in the domain name.
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  • Profile picture of the author J Bold
    That's not crap, it's their trademarked name and, as such, you are not allowed to use their name in your domain name. Amazon and ebay have whole teams working on this 24/7, as they are online retailers so they are more attuned to this kind of infringement.

    However, I believe this is not a criminal issue, so these companies have to rely on their lawyers filing notices and lawsuits for those who do not comply, rather than asking any relevant authorities. Simple solution? Give them the domain, or whatever they've asked you to do.
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    • Profile picture of the author spradlig
      I got this email a while ago (and a follow up email today) from Walmart Branding suggesting that the use of Walmart in my title and meta tags is a trademark infringement. That seems pretty weak to me as I would be protected if I were writing an "I hate Walmart" blog trashing them left and right. Then Walmart's name would be all over the site. Anyway, I'd like you guys' take on this:

      To Whom It May Concern:
      Walmart is the owner of the well-known trademarks and trade-names "Walmart" and "Wal-Mart". As you are no doubt aware, Walmart, is a trademark used to identify products, services, activities and events related to Walmart.
      The trademarks, emblems, words and phrases of Walmart are exclusively used by Walmart and any other use by a third party constitutes trademark infringement.
      In connection to Walmart proprietary rights over its famous trademark we are notifying you of the following:
      It has come to our attention that our trademark Walmart appears as a metatag, keyword, visible or hidden text on the URLs (full list below) associated with free-gift-card.us without having obtained prior written authorization from Walmart. This practice infringes upon the exclusive intellectual property rights of Walmart.

      Walmart ($1000) - Free Gift Cards
      Walmart ($500) - Free Gift Cards


      Also, by using such trademark, you have intentionally attempted to attract Internet users to your web site(s) or other online location(s), by creating a likelihood of confusion with the Walmart's trademark as to the source, sponsorship, affiliation, or endorsement of your web site(s), online location(s), products or services.
      We trust that you will remove all metatags, keywords, visible or hidden texts including trademark presently appearing on the above-cited web site(s) and any other web site(s), or draw this issue to the attention of the appropriate person(s).
      As part of our Walmart Trademark Enforcement Program, be assured that we will continue to monitor your web site(s) to verify your compliance with this letter. Failure to do so will force us to defer this issue to our Trademark Lawyer for further actions.
      Should you require additional information or wish to further discuss this issue, please do not hesitate to contact the undersigned.
      Sincerely,
      Walmart Brand Protection
      Walmart Corporate
      508 SW 8th Street
      Bentonville, AR 72716-0505
      brandprotection@mm-walmart.com

      Thanks
      Gabe
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  • Profile picture of the author PPC-Coach
    Don't buy domains with trademarks in them.

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    • Profile picture of the author spradlig
      The domain is free-gift-card.us it does not have Walmart's trademark in it. Walmart is demanding that I remove their trademark from all text, title, and meta tags on the site as well as the URL (I believe).

      Somehow the use of Walmart in the meta tags constitutes a trademark infringement? I doubt it because, as I said before, I could have a blog on "Walmart Sucks" and in a perfectly valid manner I would have Walmart in the title, text, and meta tags. Yet clearly Walmart couldn't call that trademark infringment.

      But I figured I'd see if anyone knew.
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  • Profile picture of the author Kenster
    If there is ANY suggestion that WalMart may be endorsing or involved with the web site at all they can and will take action, similar to a celeb or any trademarked personality.

    At the end of the day, it makes it difficult to promote these types of offers for this very reason.

    And if you do have a blog WalMart Sucks they probably can and will take action. If the trademarked name is exclusively in the meta tags, I don't know for sure, but I cant imagine they would have a problem with it unless you are ranking high...which you probably wont without the trademarked name in the content/domain/etc


    Its a sticky issue I would rather not be part of
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  • Profile picture of the author RyanEagle
    I get these all the time, what a mess to deal with! It's better to do it safe!
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    • Profile picture of the author spradlig
      Yeah I think the issue for me is an emotional one rather than a problem of logic. Clearly the easiest and safest route is to take down the pages and move on. However, there are 2 factors at play for me:
      1. I hate bullies. I'm pretty sure that Walmart has no legal standing on this issue because of the first amendment where I'm allowed to express any opinion I like about anyone so long as it's not slander and I don't pretend to speak for them. Second, I believe, fair use laws also protect my ability to mention Walmart's name/trademark without fear of penalty. However, I lose no matter what should Walmart decide to pursue any action.
      2. I am really just starting to see success in my online business. This free Walmart gift card is the first offer that I've seen consistent revenue from and seemed like a good model to emulate. Shutting down these pages takes a big chunk out of my meager earnings each month and becomes just one more road block to success.
      Like I said I think this is more emotional than logical. I was hoping someone out there had had a similar problem, had told them where they could stick it, and they went away. But even then there's more risk than its worth...

      Thanks for all the advice guys. As you can see I've already redirected the pages to a "Walmart said I had to remove these..." page.

      Maybe it's time to move to page to Blogger or somewhere else where they can send emails to a dead email account and fight with someone who has their own lawyers...

      Thanks again
      Gabe
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      • Profile picture of the author scortillion
        You are correct to a point when you say you could have a website that trashes Wal-Mart with their name all over the place. But here too you have to be careful.

        Use of any name that is a trademark may be used in reviews and new articles and reports under the acceptable use policy. But there are limits. You can say you hate Wal-Mart if you make sure that the article says it’s your opinion.

        If you smear Wal-Mart without backing up your claims or without saying it’s only your opinion Wal-Mart WILL be coming after you for Defamation.

        Also the use of ANY trademark that is not in an article, report, or some such format that is considered “news” is an infringement on the company’s trademark and it IS illegal and they can and WILL sue you.

        Just remember that a company that is hosting a “free” blog has your IP address and can trace you so if they are being threaten with a lawsuit from the MEGA GIANT Wal-Mart I’m sure they will cough up your information faster they you can say Wal-Mart, plus join in the lawsuit against you.

        I’m not backing up Wal-Mart I’m just letting you know what can happen. Wal-Mart is the LARGEST Company in the World with deep, deep, deep pockets. They don’t need any case against you to even go to trial; they can just spend you into poverty.

        I run a website, Image-Reseller >> Home that sells private label photos, but even though I’m the photographer, I still have to be careful. Did you know that taking pictures of status in public areas, paid for by public tax dollars is still a copyright infringement if the photos I take are used in any profitable way?

        Even though I took the photo, the artist still owns the copyright on the statue. I can sell use the photo in artistic ways, but not in ads or web pages or any other way that would product a profit.

        It’s a gray area but trademarks are pretty much cut and dry. If you use a company’s trademark other than “news” or opinion “news” articles or videos, or such then they can and probably will come after you…

        Personally I just don’t think it’s worth all the hassle.
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        • Profile picture of the author Kenster
          Originally Posted by scortillion View Post

          You are correct to a point when you say you could have a website that trashes Wal-Mart with their name all over the place. But here too you have to be careful.

          Use of any name that is a trademark may be used in reviews and new articles and reports under the acceptable use policy. But there are limits. You can say you hate Wal-Mart if you make sure that the article says it's your opinion.

          If you smear Wal-Mart without backing up your claims or without saying it's only your opinion Wal-Mart WILL be coming after you for Defamation.

          Also the use of ANY trademark that is not in an article, report, or some such format that is considered "news" is an infringement on the company's trademark and it IS illegal and they can and WILL sue you.

          Just remember that a company that is hosting a "free" blog has your IP address and can trace you so if they are being threaten with a lawsuit from the MEGA GIANT Wal-Mart I'm sure they will cough up your information faster they you can say Wal-Mart, plus join in the lawsuit against you.

          I'm not backing up Wal-Mart I'm just letting you know what can happen. Wal-Mart is the LARGEST Company in the World with deep, deep, deep pockets. They don't need any case against you to even go to trial; they can just spend you into poverty.

          I run a website, Image-Reseller >> Home that sells private label photos, but even though I'm the photographer, I still have to be careful. Did you know that taking pictures of status in public areas, paid for by public tax dollars is still a copyright infringement if the photos I take are used in any profitable way?

          Even though I took the photo, the artist still owns the copyright on the statue. I can sell use the photo in artistic ways, but not in ads or web pages or any other way that would product a profit.

          It's a gray area but trademarks are pretty much cut and dry. If you use a company's trademark other than "news" or opinion "news" articles or videos, or such then they can and probably will come after you...

          Personally I just don't think it's worth all the hassle.


          Very true.

          The problem is that most of the people on this forum are looking to express free speech, they are looking to make money. If you use any trademarked term in a site/property that is directly or even indirectly making money, that's where you run into a problem.

          Presumably this lander was promoting a Walmart gift card in some way or bashing walmart to promote something else (like target) so that's where it gets sticky.

          Freedom of speech is one thing, but when the intent is to monetize somehow, that's where it gets sticky. And for the most part (especially in the case of the big W) its just not worth the trouble. They file formal complaints all the time and get sites shut down and as the domain owner your name gets attached to that...forever. Its just not worth it to make a few hundred or few thousand bucks.

          Go straight, stay true, play between the posts
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      • Profile picture of the author jeffrey73
        Originally Posted by spradlig View Post

        1. I hate bullies. I'm pretty sure that Walmart has no legal standing on this issue because of the first amendment where I'm allowed to express any opinion I like about anyone so long as it's not slander and I don't pretend to speak for them. Second, I believe, fair use laws also protect my ability to mention Walmart's name/trademark without fear of penalty. However, I lose no matter what should Walmart decide to pursue any action.
        Your freedom of speech is one thing. Making profit off their name and brand puts you on a different level.
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  • Profile picture of the author PrivateCitizen
    Walmart is the borg. You will be assimilated. Resistance is futile.

    Looks like they're into torture as well:

    Can Wal-Mart Get Away With Torture? - CNN iReport

    (Note: The above article came out last year, but every Walmart I go into these days is completely silent. I wonder if it's because of this article.)
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  • Profile picture of the author scortillion
    I had a problem years ago with eBay. Without really thinking I created a website www.mywebsitename-ebay-auctions.com. Well I didn't have the website up and running for even a week when I receive notice from eBay to stop using the website and cancel the domain registration.

    I too was upset at first then after thinking about it I realized they were right and I was wrong. I took the website down and cancel the domain registration.

    They have far more money and far better lawyers that I have and it's just not worth the time and headraces.

    Try looking at it this way. You create a company and it becomes really successful. All of a sudden you have people creating websites using your company's name and they are poor quality sites promoting disreputable items. It looks like it's your company doing it because after all it has your name in the URL. You begin to lose customers and there are even lawsuits against you because of these sites.

    All that hard work is taking a hit because some people are promoting poor quality products. So you do what Wal-Mart and eBay and Microsoft and etc... do… you shut them down to protect your company's name.
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  • Profile picture of the author ChrisBa
    not uncommon, honestly, just walk away and save yourself the hassel
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  • Profile picture of the author spradlig
    Clearly the easy choice is to move on. Learn my lesson not to devote so much SEO time to 1 offer.

    Yeah, I can appreciate the domain name squatting more than this - the domain name with a trademark implies a relationship from the get go. I don't have any trademarks in my domain name.

    I was letting people know about a 3rd party promotion involving a Walmart gift card. I have Walmart in the title, text, and meta tags but NOT the domain name. I didn't trash them or praise them. I put in a disclaimer regarding the trademark after they originally contacted me.

    However, I still think it's pretty weak that I can't use Walmart in my meta tags or a description of an item. There's nothing on my site to suggest I'm linked to any of the trademarked items. In fact I have multiple pages - not just a disclaimer at the bottom - relaying that I am simply finding the promotions, rating the promotions, and providing a link. I even go so far as to tell people what to expect when they sign up for the promo and that I make money from doing so. You can get to those pages from the header links. They are not buried they are linked to from the home page and on the home page I recommend people to read the first one which should lead to reading a couple of follow on pages.

    I figured that was as white as white could get while still promoting the gift card offers.

    Oh well... Thanks for the advice.
    Gabe
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