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Legal Question.....can I do something?

by Quirpo
10 replies
I own a daily deal website, and a large (the largest) competitor out there is using my business name specifically in their adwords ads. Can I take any action?
#legal #questioncan
  • Profile picture of the author Alex Cohen
    Okay, so you came to the copywriting section for legal advice.

    Where do you go for medical advice... Sears?

    Alex
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    • Profile picture of the author Daniel Scott
      Originally Posted by Alex Cohen View Post

      Okay, so you came to the copywriting section for legal advice.

      Where do you go for medical advice... Sears?

      Alex
      I dare say the OP confused "copywriting" with "copyrighting"... the latter which is at least somewhat related to this issue.

      -Daniel

      P.S. Your post made me laugh though.
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  • Profile picture of the author Don Schenk
    Quirpo, those of us here who are not attoneys are not qualified to even make a SWAG at answering your question. (SWAG=super wild ass guess). It would be like someone asking you about brain surgery.

    You really need to talk with a lawyer who works in internet and advertising law.

    :-Don
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    • Profile picture of the author Quirpo
      Yeah, I actually didn't mean to put this in copyrighting.......but once realized it, I didn't know how to move it.

      Just was hoping to find someone that may have had this problem or dealt with it in the past.
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    • Profile picture of the author KingOfContentMarketing
      Contact this Warrior:

      View Profile: kindsvater
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  • Profile picture of the author pacelattin
    Originally Posted by Quirpo View Post

    I own a daily deal website, and a large (the largest) competitor out there is using my business name specifically in their adwords ads. Can I take any action?
    First recommendation is to write them to ask them to stop. Be nice about it. You'd be amazed how that works.

    Secondly, make sure you Trademark your business name.

    If you have TM'ed your business name, then get an internet lawyer to see what can be done. Usually it requires only a cease and desist letter.

    On another note, as of March 2011, you can BID on TM'ed terms according to a federal appeals court as long as you don't mention it.
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    • Profile picture of the author kindsvater
      A lot depends on how they are using your name in their advertising.

      There are many situations where a competitor's name can be property used. But also many where it is inappropriate.

      Originally Posted by pacelattin View Post

      Secondly, make sure you Trademark your business name.

      If you have TM'ed your business name, then get an internet lawyer to see what can be done. Usually it requires only a cease and desist letter.
      If you are implying that a federal registration is required before one has a trademark, and only then can a lawyer do something - that is dead wrong.

      Most trademarks exist because they are used and are not registered.

      Key points: Registration is not required to have a trademark, and registration is not required to take legal action.

      Does registration help and give you additional leverage? Often, yes.

      This is why you don't pay attention to legal statements by non-lawyers on forums.

      .
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      • Profile picture of the author davezan
        Originally Posted by kindsvater View Post

        A lot depends on how they are using your name in their advertising.

        There are many situations where a competitor's name can be property used. But also many where it is inappropriate.



        If you are implying that a federal registration is required before one has a trademark, and only then can a lawyer do something - that is dead wrong.

        Most trademarks exist because they are used and are not registered.

        Key points: Registration is not required to have a trademark, and registration is not required to take legal action.

        Does registration help and give you additional leverage? Often, yes.

        This is why you don't pay attention to legal statements by non-lawyers on forums.

        .
        In fairness, though, Brian, pace was right about talking to a lawyer still to see
        what indeed can be done. Elaborating further is where you come in, heh.
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        David

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      • Profile picture of the author Alex Cohen
        Originally Posted by kindsvater View Post

        This is why you don't pay attention to legal statements by non-lawyers on forums.
        Exactly.

        And before any copywriters here start railing on lawyers, ask yourself, if you're ever a defendant in a criminal or civil case, or if you ever want to sue an insurance company, or in a host of other situations, who's the first person you'll call?

        Alex
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        • Profile picture of the author Marc Rodill
          Originally Posted by Alex Cohen View Post

          Exactly.

          And before any copywriters here start railing on lawyers, ask yourself, if you're ever a defendant in a criminal or civil case, or if you ever want to sue an insurance company, or in a host of other situations, who's the first person you'll call?

          Alex
          What happens when a lawyer is made godfather? He makes you an offer you can't understand.
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