Someone else trademark infringing, what to do?

[Frog]

I'm not sure if there is any easy solution to this, perhaps I'm better off just ignoring it.

I'm trying to rank for terms like "merchant discount vouchers". For one of the bigger merchants, someone has registered a trademark infringing domain and is ranking for it.

I'm sure I can overtake him in time, but don't feel that I should have to. The site in question is garbage - it simply exists to rank, then passes people via a link to another voucher site. I'm sure this is done to avoid anyone complaining to affiliate networks about the site itself, as it doesn't actually have any affil links on it.

There is no realistic prospect that the merchant allowed this person to buy/use this domain.

The trademark breach is an open and shut case - merchant name in the domain, logo plastered all over it, etc.

If the legal department of the merchant in questions was informed of the existence of this site, would they be forced to act? I'm thinking that if they knew about a trademark infringer but done absolutely nothing about it, they couldn't then do something about it at some later point in time could they?

I mean the merchant might not want to, but if the above is true, I could force them to spend the money/time to remove the trademark infringer who's costing me money...

Any thoughts on what to do, if anything?

thanks

 

[Bailey]

In trying to give you a short answer.

1. Attorneys love TM law - it's case by case. Influenced but never dictated.
2. Your right TM holders are obliged to defend their TM's and are therefore obliged to act - in principle.

The sad but realistic truth - is there is always spin (intentional or otherwise) in presenting a 'position' and without the full facts (which courts are great for unearthing) everything else is basically pissing in the wind.

Quote

I mean the merchant might not want to, but if the above is true, I could force them to spend the money/time to remove my trademark infringer...

your use of the wording "the merchant" and "my trademark" is confusing.

Again without all the facts your going nowhere with your questions

 

[Frog]

Sorry, I've edited that to be clearer. By "my trademark infringer" I meant to say the person costing me money by infringing someone elses tm.

If number 2) is indeed correct, I guess I might as well type a letter and pay £3 to special delivery it to the suitable legal department...

Though I guess by the time they do, I'll be outranking it anyway. Might as well post the url actually, here it is. Nice ranking on a competitive term too...

 

[retired_member21]

just get some more links & go above them - problem solved

probably quicker than reporting, waiting for drs / removal of site etc

other than that I'm sure affiiliate networks shouldn't be allowing affiliates to get commissions like that so report it to them

 

[Frog]

I agree that going above them is the better option since that would mean overtaking another competitor too lol. But I'm not sure how long that would take.

And even then, if you have a domain directly below you that exactly matches the searchers intent, that is going to eat into your traffic so it'd be better off gone from the results if possible.

Affiliate networks won't care as there isn't any affil links on the offending site - the traffic is being passed elsewhere before being monetized.

 

[Bailey]

Cheers Frog.
Thats a clearer position - I take it C****D******C**** is your infringer.

I would be taking screenshots of all -I didn't go to the links but there is prima facia in abundance, thats unless this is purely a comment site without PPC. - I didn't doubleclick.

Your client only need send a well worded and recorded letter to see everything disappear. And of course thats not for you to do

 

[Frog]

The issue is I don't have a client. I'm merely an injured 3rd party

My own site is discountvouchers.org - I'm losing out on one position in the search results because someone else won't play by the rules. I guess this is going to come off a bit petty, but meh. Just annoying me that someone else is willing to break the rules, and cost me money in the process (even if its a small amount).

 

[retired_member21]

It happens all the time in different forms - e.g. person above is falsely advertising (meta title) expired/invalid voucher code which looks more attractive than your correctly advertised one.

I think your time's better spent on content/promotion of your own site they will get found out sooner rather than later.

 

[Bailey]

Wow big new picture emerging - then my advice is don't 'throw stones' or immerse yourself in other peoples principles or problems.

Would I say something to C****, absolutley not, none of my business and trust me they do know.

On the funny side - I never realised "page rank" was that competitive - pretty soon bodies on the streets

 

[Frog]

But if someone elses rule breaking affects your earnings, does that not become your business?

 

[Bailey]

It happens all the time in different forms - e.g. person above is falsely advertising (meta title) expired/invalid voucher code which looks more attractive than your correctly advertised one.

I think your time's better spent on content/promotion of your own site they will get found out sooner rather than later.

Good point and lets not forget the

"Sorry you missed this one" .ploy

Being used by too many that should know better

 

[Bailey]

But if someone elses rule breaking affects your earnings, does that not become your business?

Absolutley not.




*

 

[Frog]

What motivates my actions? I think I've been absolutely clear on that from post 1 - money. He's breaking the rules to divert what should my profits into his pockets.

 

[namealot]

It’s the tm responsibility to enforce it. You don't know that they are not already compiling a case against the infringing name, Analysis, loss calculations etc (That could take months) Do you think informing them would make you any more £ What about others following along you could spend all you time assisting the TM not making £ for yourself and just because the infringing domain disappears doesn’t mean you get there place so to speak…. Maybe be better off concentrating you efforts in listing your own as high as possible so that future infringing tm cannot effect your business,,,,

 

[Bailey]

Sorry frog , I edited out my preaching bit.

If you can take an outsiders view - you might see things slightly differently.

Anybody that didn't know our business would see one greed arguing against another greed and of course they could be wrong

 

[Frog]

Do you think informing them would make you any more £ What about others following along you could spend all you time assisting the TM not making £ for yourself and just because the infringing domain disappears doesn’t mean you get there place so to speak…. Maybe be better off concentrating you efforts in listing your own as high as possible so that future infringing tm cannot effect your business,,,,

For the bolded part - if its works, absolutely. If they disappear then my own site, and everyone elses, moves up one spot. I agree ranking my own site is a good approach, but I'd disagree that it means future tm infringers can't affect me - they easily can given that I can't register trademarked terms, but they can do so and benefit from the exact match bonus.

Sorry frog , I edited out my preaching bit.

If you can take an outsiders view - you might see things slightly differently.

Anybody that didn't know our business would see one greed arguing against another greed and of course they could be wrong

No worries, no need to have edited what you wrote - its a forum, I'd expect people to disagree at times and perfectly happy to read a negative comment on my post. Frogs have thick skin you know

 

[Bailey]

Cheers frog.
I don't disagree with you (now i've got the picture) I just see it as a time-wasting and involved argument that's not your business. Would I let C**** know my thoughts, No chance. Why place yourself in a potential legal frame. - that risk is there.

Before you know it's "By association"

 

[namealot]

They can’t sell there domain/company though which is were the best pay day is often to be found and your never going to get rid of them.. There like flies you can wave your arms around or ignore them...?

 

[Blossom]

Has anyone considered that the merchant might not want to take it further anyway? Not all of them want the hassle, particularly if it's someone who isn't slandering them, providing a negative review site, stealing visitors etc. I've worked for companies in a similar situation and their attitude is, 'We don't want the bad press'. Then again, it depends on the size of the merchant.

 

[blether]

Since they don't actually have any voucher codes for the merchant on their site, and they link to a site with no content, I'm struggling to understand how they are impacting your earnings?

Someone looking for C**** voucher codes who visits their site will most likely head back to Google, and continue their search in pastures new.