QUOTE(cline @ Feb 5 2007, 11:11 AM)
That was exactly the threat made to my client. The much larger company threatened to sue my much smaller company even though they were almost certain to lose the suit solely in order to inflict large legal expenses on my client. They were quite explicit about the threat. For the large company the cost and business distraction of the suit would not be significant. For my client it would cause a serious management distraction and loss of of financial resources.
Even I, as much of a consumerist proponent of trademark keyword targeting as I am, recommended to the client to cave in on this threat.
A couple of years ago the exact same thing happened with another of my clients. A much larger company making the same threat to a much smaller company. However, the smaller company really needed to trigger on the trademark due to the nature of their offer. The business case said we should take the risk of being sued. We brought in legal counsel and prepared for the worst. We told the big company that we wouldn't and that we were willing to fight in court. The big company did nothing.
One can generate a locked URL with a few landing pages, grab the click and remove the libility from client and yourself as well... if its set up right. You know what I'm suggesting.
QUOTE(redsonia! @ Feb 3 2007, 11:07 AM)
I have a quick question to see if I understand this correctly. If I am selling toys from xxxx company and they are a well known brand, is it correct that I can bid on their brand name as a keyword, such as xxxx's Educational Toys. But I cannot use their name in the text of the ad? So, for the text of the ad, I could not make the statement that "We carry a wide variety of educational toys from xxxx, yyyy,..." etc?
Let me say this, at the Gorilla, we do this on both sides of the fence, we protect Brands and we USE other brands for client promotions. You will always get a letter of intent BEFORE the legal. You'll have time to respond in most cases. So it's worth a try if you need it. Just stay on top of it and be ready to stop if you have a challenge. I can say this because I get 1 or 2 a month. So you have room to play with it.
FYI... If you read all the NEW distributor contracts, you'll find this in the small print wihch is pretty much a standard today.
Search Engine Prohibitions: PARTICIPANT will represent themselves on search engine results for related listings only as “AFFILIATE OF MARKETINGGORILLAS.NET,” meaning that PARTICIPANT'S metatags, text, and title tags cannot use OUR marks except as described above ("AFFILIATE OF MARKETINGGORILLAS.NET"). In addition, PARTICIPANT'S URL cannot contain Our marks or variations of OUR marks. That without limiting the foregoing, PARTICIPANT shall not purchase, use or bid for placement any of the Marks, as defined in Section 8, without limitation, MARKETINGGORILLAS.NET, or any variations or misspellings of the Marks, with any search engine. In addition, upon MARKETINGGORILLAS.NET request, PARTICIPANT will immediately cease bidding, purchasing or using any Marks and other terms used to promote the Affiliate Program and PARTICIPANT’s participation therein. Furthermore, MARKETINGGORILLAS.NET hereby reserves all legal and equitable remedies it may have for Participant's violation of Sections 7(
and 8 and for any misuse or infringement of the Marks by Participant.
QUOTE(TheGorilla @ Feb 5 2007, 02:59 PM)
One can generate a locked URL with a few landing pages, grab the click and remove the libility from client and yourself as well... if its set up right... You know what I'm suggesting. Lastly, when buying domains for this purpose, buy them from Melbourne (Outside USA) in this manner, USA court orders for info have NO value this somehow pleases me and protects my client and the Gorilla.