Nick11380

Hypothetical situation:

I have a website that is all about home furniture - in the content/page title I mention the trademark 'John Lewis' and try to rank for this keyword organically - does John Lewis have the right to ask me to remove their trademark from my website.

For the sake of argument, let's say that 'John Lewis' is mentioned with no context whatsoever.

Thanks for any legal advice!
Nick

woopwoop

I don't believe they could given the situation you described.
Not a legal expert but an enthusiast with a couple of trademarks.

Some thoughts that jump to mind:
You'd have to be doing something that p's them off.
If you aren't passing off their brand (pretending to be them) or infringing on their trademark (calling yourself something the same or confusingly similar) then that helps you a lot.
If you are taking potential business from them they might be p'd off!

But when you say organically this doesn't necessarily mean naturally. If you have links around the web with anchor text 'trademark' pointing to a page with affiliate links to 'trademark' business, they probably aren't going to like that.

If affiliate stuff is involved in the equation they'll probably disable your aff-id.

They could do things like ask you to not reference them, removing all trademarks (because you are p'ing them off taking traffic/sales from them). I don't think that you have to, but it depends on how you've been trying to rank organically and why?

Maybe this is a good example:
I go to Trafalgar Square and shout:
(1) Coca-Cola, Coca-Cola, Coca-Cola, Coca-Cola, Coca-Cola (1000's of times) *Coca-Cola can't really tell me to stop.
(2) Coca-Cola is a bad drink (1000 times)
*Coca-Cola can't really tell me to stop.
(3) Coca-Cola tastes like poo (1000 times)
*Coca-Cola may not have a right to stop me but they are going to keep an eye on me and the moment I make a mistake they'll have me
(4) Coca-Cola (1000 times) while selling another type of coke (now I'm passing off/infringing)
*Coca-Cola will get me to stop

If there is no context in how you are using John Lewis on your webpage, I'm presuming that there is a reason why you would need those visitors and possible to benefit from them, so I presume John Lewis may lose out because of it. If this is all correct then they may have a right to ask you to stop.

So basically, I have no idea what the answer is or if there is one without knowing more.

__________________
Connect with me @ TW:LI:FB | MyWeb | D/L domains4sale | Morecambe London Student Forums Student Books UK promotions agencies

namestrands

A trademark holder can refuse and request that you remove their name. If you are trying to rank for there trademarks then you are trying to profit from their name.

It does as the previous poster depend on "in what context" is the mark being used. If you are saying John Lewis is Crap then its fair use for the purpose of Critique, if however you are selling House of Fraser furniture or Ikea but trying to confuse by weighting your keywords to John Lewis then they have every right.

Companies like UGG Australia are notorious for monitoring use of their name and lawyer up pretty quickly.

Nick11380

Thanks for the feedback guys. Yes in this instance I was going to promote another store as opposed to John Lewis - and I am aware that John Lewis do not hesitate to throw out a cease and desist order.

Will not bother.