Competitors using your name to advertise? (Full Version)

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BobbyDouglas -> Competitors using your name to advertise? (6/24/2005 14:38:28)

Anyone ever go to Google and type in your company name, or someone's name you know, and notice someone else advertising under that name?

I heard many people have complained to Google, but nothing ever happened. Do a search for "outfront" and you will see someone selling MS FrontPage stuff.



Tailslide -> RE: Competitors using your name to advertise? (6/24/2005 14:39:48)

There was someone here a few weeks ago who was using all the Outfront Metatags etc on their site but someone spotted it and asked why. Strangely, there was no reply...



BobbyDouglas -> RE: Competitors using your name to advertise? (6/24/2005 14:43:35)

Yeah, pretty sad huh?

I sent an e-mail to the ads I noticed (not for Outfront) and said it was illegal. Until then, I really hope they don't mind an increase of 10000% of clicks. Gotta lov 'em proxies.

One of them was a search for DemoDemo. Looks like this person has quite a bit of money put away each day for adwords.



Mojo -> RE: Competitors using your name to advertise? (6/24/2005 15:01:32)

Bidding on TM terms is not illegal.

Anyhow, I don't think OutFront has been TM'd.



BobbyDouglas -> RE: Competitors using your name to advertise? (6/24/2005 15:17:35)

But most competitors do not know that, and will stop just because of that [8D]



techniner -> RE: Competitors using your name to advertise? (6/24/2005 15:55:06)

Well I mean two wrongs don't make a right..

Just saying hitting adsense keyword with a proxy pretty lame.

Sometimes VERY called for I am not saying that and I udnerstand what your saying.

But I mean if they have to do that then screw em.. are they even worth it?

If you put out better product then you have nothign to worry about right?



BobbyDouglas -> RE: Competitors using your name to advertise? (6/24/2005 16:02:31)

It's pretty sad that people won't remove it even after you bring it to their attention.

quote:

If you put out better product then you have nothign to worry about right?

- I don't think DemoDemo worries about CheapDemos at all. It is still wrong that they are making money off of the DemoDemo name, and they won't remove it either. If they leech, they will suffer the consequences of their actions.

techniner, maybe you can share with us information about having these people remove the ads. If writing to Google, and e-mailing the competition makes no difference, what is there to do? Leave it and let them think what they are doing is right?



techniner -> RE: Competitors using your name to advertise? (6/24/2005 16:05:08)

Excellent poitn... and action isneeded.. but if your that up in arms take legal action..

because I am just saying if he get scaught with them proxed hits (loooong shot) but if he does..

HE GETS IN TROUBLE.

Mostly looking out for HIS best intrest.


Ya know?



Mojo -> RE: Competitors using your name to advertise? (6/24/2005 17:22:54)

quote:

HE GETS IN TROUBLE.


Right.

Bidding on TM terms is not illegal. Stealing money through a click-bot is illegal.



BobbyDouglas -> RE: Competitors using your name to advertise? (6/24/2005 17:30:42)

How else do you get them to stop?

Btw, I thought it was illegal to use someone's TM for revenue gain without an agreement with the owner.



Mojo -> RE: Competitors using your name to advertise? (6/24/2005 18:03:18)

quote:

I thought it was illegal to use someone's TM for revenue gain without an agreement with the owner.


Nah, companies do it all the time. McDonalds vs Burger Kind, Pepsi vs Coke, Ford vs Chevy...

These companies often refer to TM products in their Ads and they almost always do it in a manner that makes the TM product look bad.

I have seen Google take down ads that used the TM in the ad itself - as opposed to just the keywords. One of the problems that faces the search engines and other online advertising agencies is - who owns the TM?

So, does Apple Computer own the Apple trademark on Google or does Apple Vacations?

quote:

How else do you get them to stop?


Lawyers. I have two lawsuits relating to my web businesses going on right now. It sucks, costs me time and money, but it is the only way to solve certain problems.

With a new product I am launching I expect to have several small companies breaking my TM and my provisional patents. The only way to stop them is to hire an attorney and sue their a$$es off. I have found that the best defense is a good offense. Don't send warnings or C&D letters - just file suit.



BobbyDouglas -> RE: Competitors using your name to advertise? (6/24/2005 18:24:38)

That's most likely the best way to handle things. Did the person stop after they received the letter saying they were being sued?



Mojo -> RE: Competitors using your name to advertise? (6/24/2005 18:49:38)

No, I didn't. [:D]



BobbyDouglas -> RE: Competitors using your name to advertise? (6/24/2005 19:11:13)

lol, Mojo on the darkside. You don't find it wrong to do that? Btw, were you using the TM name in the text? Or just the keyword search?

I think Google should have a set of banned terms, like Microsoft, Yahoo, and others. But the TM owners would have to submit the request to ban that term in the adwords campaign, and they would have to pay a small fee associated with checking the TM and making sure the owner is actually legit.



Mojo -> RE: Competitors using your name to advertise? (6/24/2005 20:10:48)

I don't see any problem with bidding on TM terms as long as it's legal. Besides, even TM owners don't own their term with exclusivity.

I could TM an auto parts store Apple and that would be fine. So, who should own the TM on the SE's. Apple computer or Apple Auto?



jaybee -> RE: Competitors using your name to advertise? (6/25/2005 6:12:39)

In the UK you couldn't do that. The second one would have to be called Apple Autos. If you tried to TM just with Apple, even though it's a different product line, it would get rejected.



Mojo -> RE: Competitors using your name to advertise? (6/25/2005 12:46:04)

In the UK can you TM a common term such as apple? For the most part you can't in the US.... well, you can often TM many common phrases, but they don't survive court cases. Just because you get a TM on a phrase does not mean you will be able to keep that TM.



jaybee -> RE: Competitors using your name to advertise? (6/25/2005 16:25:25)

It would have to be Apple Computers. You can't have common terms on their own. We have an added complication over here because of Royalty. You can't use any term that might be thought to endow royal approval.

You have to go through this convoluted process where they look at the name, check whether anything else is similar or whether the name is dodgy and then put it online for objection. The whole process to get my Registered TM took 9 months and lots of cash but now it's mine for 10 years.



Mojo -> RE: Competitors using your name to advertise? (6/25/2005 20:11:30)

I think this whole issue of bidding on TM's, but not displaying the mark is under-thought. I mean, in the brick and mortar world you can't prevent your competition from renting a billboard right next door to you or even stop the competition from handing out flyers on the sidewalk in front of your store.

How is that different than bidding on terms?



BobbyDouglas -> RE: Competitors using your name to advertise? (6/25/2005 20:44:55)

You can't stand in front of a competitor's store and hand out flyers. Also, even Google says you can't include TM terms in the ads.



dpf -> RE: Competitors using your name to advertise? (6/25/2005 22:03:25)

quote:

You can't stand in front of a competitor's store and hand out flyers
sure you can -on a public sidewalk



Mojo -> RE: Competitors using your name to advertise? (6/26/2005 0:02:37)

quote:

You can't stand in front of a competitor's store and hand out flyers


Like dpf said - Yes, you can.

quote:

Also, even Google says you can't include TM terms in the ads.


I never suggested that you could display TM terms. Bidding on terms is different that displaying the terms.

If Google says you can't include TM terms in ads they are not being honest. I include TM terms every day. If the TM owner doesn't have a problem with it - then neither does Google.

Microsoft has Registered the term Windows. That gives them even more strength than a TM. Should Microsoft be the only company to be able to bid on the term Windows?



Puenil -> RE: Competitors using your name to advertise? (7/18/2005 22:52:41)

BobbyDouglas-

One thing I see is that you promote fraud clicking at Google.

Second, you have taken the world on your own shoulders and it is only "your perspective" on things. From others posts, they don't totally agree with you. I recall a commercial on ABC television last night where Pepsi referred to Coke in their ad. Another one was Ford, Dodge and Chevy ALL in the same television commercial (the one where the Country singer brings over the cutout of the frame while the men are in a local Cafe).

Why haven't you aggressively gone after them? I suspect it's because you only know that you can't get sympathy from others around here or the other Internet BB's where you have posted this exact same message. I'm sure Ford, Chevy, Pepsi, Coke, etc would just hang up on you and not play your game.

In fact, since you are so into trying to help the person being 'violated' (clicking Google ads via Proxy) why not go buy a Dodge each day? Just whoever has used the competitor in their ad? Buy 1000 cases of Coke per day to get back at Pepsi. Or wait, I guess that would cost YOU money to prove your point, wouldn't it?

When you officially commit a crime, you are a crook, scum, sleaze... whatever.... And since you are a proven crook, scum, sleaze (by your own admittance) I have 0 respect for your comments.



Puenil -> RE: Competitors using your name to advertise? (7/18/2005 23:29:43)

Not only the above, but I also noticed that you are hotlinking (stealing) from a company that requires payment for their product. I didn't see anywhere on their website where they said "free hotlinks here!"

Or maybe you have an agreement that you would like to share? [:'(]




BobbyDouglas -> RE: Competitors using your name to advertise? (7/19/2005 0:13:47)

Hi Chris,

Btw, there is edit feature on most forums that allows you to edit your own post to add additional information.

quote:

One thing I see is that you promote fraud clicking at Google.

- When it is the only thing that seems to work, yes.

quote:

Why haven't you aggressively gone after them?

- Some people, like you, won't understand. Very different situation. Although a lot of people might not agree, and rather do nothing, that still understand my reasoning.

quote:

I'm sure Ford, Chevy, Pepsi, Coke, etc would just hang up on you and not play your game.

- They would just do the exact same thing. The car industry does this all the time, it is a good example when you use competition to prove why you are better. If Coke was advertising for Pepsi, it would be a different story, and that is what apparently you cannot understand.

quote:

In fact, since you are so into trying to help the person being 'violated' (clicking Google ads via Proxy) why not go buy a Dodge each day?

- Are you really asking that question? Or just making nonsense?

quote:

When you officially commit a crime, you are a crook, scum, sleaze... whatever.... And since you are a proven crook, scum, sleaze (by your own admittance) I have 0 respect for your comments.

- To each his own. I guess you have just as much respect for me, as I now have for you. Off to a great start.

quote:

Not only the above, but I also noticed that you are hotlinking (stealing) from a company that requires payment for their product. I didn't see anywhere on their website where they said "free hotlinks here!"

- What am I hotlinking?

Btw, welcome to the forum, I am sure the community will really enjoy your presense.



Taz -> RE: Competitors using your name to advertise? (7/19/2005 1:43:35)

quote:

ORIGINAL: BobbyDouglas
Btw, welcome to the forum, I am sure the community will really enjoy your presense.


Do we have to?

As first impressions go, that wasn't the best of starts.....[:-]



Donkey -> RE: Competitors using your name to advertise? (7/19/2005 5:41:10)

quote:

quote:

ORIGINAL: BobbyDouglas
Btw, welcome to the forum, I am sure the community will really enjoy your presense.



Do we have to?
I assumed Bobby was being sarcastic there?



jaybee -> RE: Competitors using your name to advertise? (7/19/2005 6:05:41)

quote:



You can't stand in front of a competitor's store and hand out flyers

quote: Like dpf said - Yes, you can.


You can unless the competitor concerned is a thug by the name of Sid who comes out mob handed and attacks the poor girl handing out the flyers, then steals them from her before sending her running back to her place of work in tears.

[edit] as you can tell I'm not impressed!



Mojo -> RE: Competitors using your name to advertise? (7/19/2005 11:12:16)

quote:

[edit] as you can tell I'm not impressed!

?



dpf -> RE: Competitors using your name to advertise? (7/19/2005 11:55:03)

quote:

attacks the poor girl handing out the flyers, then steals them from her before sending her running back to her place of work in tears.
which becomes a criminal matter....



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