Green Dot says I'm violating their trademark, but I don't think so. Advice?

64 replies
I have a blog post on one of my websites about how to buy stuff online if you don't have a credit card. One of the options I discuss is buying a Green Dot card and loading it with one of their moneypaks. I give step by step instructions on how to do all this, as well as tips on how to make the process go smoothly.

The article is in no way disparaging toward Green Dot, no affiliation with Green Dot is claimed or implied, I'm not using their logo or marketing slogans, and my content is 100% original. I don't think I've even made the effort to get any backlinks to this particular post, and I've certainly never used "green dot" as anchor text in a backlink. They probably discovered it because it links to their site.

I got an email a few days ago from Green Dot threatening legal action if I don't remove the content within 10 days. The gist of the email is this:

"All references to trademarked Green Dot and/or MoneyPak must be immediately removed from the website as you are not authorized to use our trademark and are in violation of law."

I think they're trying to bully me into removing the content, when in fact they don't have a legal leg to stand on. But I'd like to perform a reality check by getting a second opinion before I reply to them.

Here's why I think they're full of it:

1) If you perform a search for "green dot", there are a surprising number of companies and organizations using "Green Dot" in their name. If they're really concerned about trademark violation, seems to me that that's a more logical place to start.

2) The blog post also mentions companies like Wal-Mart, Radio Shack, Mastercard, CSV, etc. etc. Using Green Dot's logic, those would be trademark violations also (not).

3) Since my post isn't defamatory, isn't stealing their content, and doesn't claim any affiliation with Green Dot, doesn't it fall under the protection of a little thing called the Right To Free Speech? Isn't it simply what you'd call social media?

I did some online research and discovered that Green Dot has kind of a serious reputation management problem. The customers who have had bad experiences with them are really pissed off and very vocal, and it isn't difficult to find their angry posts on consumer review sites like ripoffreport.com. Green Dot has a much bigger problem than my blog post, which doesn't even show up in search results for any of their keywords.

I think their email to me was someone's really sloppy attempt at reputation management, and nothing more. What do you think?
#advice #dot #green #trademark #violating
  • Profile picture of the author Rich Struck
    I believe they are in the wrong. You can use trademarked terms in commentary etc. If you couldn't then the entire world would grind to a standstill. IMHO they are trying to bully you. The question then becomes: Is it worth the fight? Probably not.
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  • Profile picture of the author nicheblogger75
    I'm no lawyer, and the first thing I always do is tell folks to seek copyright and trademark advice from a legal professional, but it sounds like they are just blowing smoke. Honestly, though, I'd probably just tweak the content to avoid any headache.
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  • Profile picture of the author George Wright
    I'm shocked they would have a problem with that. I've publicly recommended them by name many times and so have many others here. Strange.

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    • Profile picture of the author Dee Scofield
      Originally Posted by George Wright View Post

      I'm shocked they would have a problem with that. I've publicly recommended them by name many times and so have many others here. Strange.
      That was just about exactly my reaction.

      Thanks to each of you for replying, it's good to know I'm not totally crazy. You're right that it's not worth the fight, of course. The thing is, I don't really care about the post. It just would have been nice if they'd asked me politely instead of getting ugly right off the bat. They've made it difficult for me to feel good about recommending them to anyone in the future.
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      • Profile picture of the author Alexander K
        Originally Posted by Dee Scofield View Post

        That was just about exactly my reaction.

        Thanks to each of you for replying, it's good to know I'm not totally crazy. You're right that it's not worth the fight, of course. The thing is, I don't really care about the post. It just would have been nice if they'd asked me politely instead of getting ugly right off the bat. They've made it difficult for me to feel good about recommending them to anyone in the future.
        Yeah, it would be better not to recommend them in the future, since they threatened you with legal action for recommending them. The whole thing would be even more ridiculous if you were an affiliate, actually, the fact that you were doing it for free for them is more ridiculous.

        If the post isn't bringing a lot of traffic, just drop it and wave good bye to them. And (if you want), you could respond politely to them, and let them know you have removed the post that was giving them free advertising and in the future, you will avoid recommending them to anyone else in fear of more legal threats.

        (little humor)
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        • Profile picture of the author Dee Scofield
          Originally Posted by Alexander K View Post

          Yeah, it would be better not to recommend them in the future, since they threatened you with legal action for recommending them. The whole thing would be even more ridiculous if you were an affiliate, actually, the fact that you were doing it for free for them is more ridiculous.
          This made me chuckle. When you put it like that, it really points out the absurdity of their request. I wonder if they would have done the same if I were an affiliate?

          Yes, I will definitely take down the blog post, and I may or may not respond to their email. The whole thing is kind of a dumb move on their part, because it's a very high traffic website and I'm sure they got some business from it. But instead, now I'll be recommending to other marketers that they not recommend the site. It's not worth the potential hassle.

          Thanks everyone for your input, I appreciate it.
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  • Profile picture of the author Fernando Veloso
    Trademark issues? Just drop the damn article OR get legal advice now.
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    • Profile picture of the author packerfan
      Stop looking for legal advice on the freakin internet.
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  • Profile picture of the author Kevin Thomas
    Here is some legal advice lol

    They ARE trying to bully you AND MORE THAN LIKELY THEY WILL WIN

    If this case goes to court than they will lose, but what they are looking for is to draw it out ...They have the cash to do so, you do not, thus they will get what they want. They can draw it out so long that you wont be able to afford it




    Just take the post down and call it a day. Is THAT POST REALLY WORTH THAT MUCH OF YOUR TIME AND EFFORT.....AND MONEY

    More than not it isnt

    the time you would spend with a legal process will cost you money because it is taking your time away form other activities.

    Even at the VERY MINIMUM if you seek council from a legal adviser AND YOU ARE RIGHT it will cost you the cash for the legal advisor.....just take the post down
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  • Profile picture of the author sbucciarel
    Banned
    It's my guess that if this went to court, you could win this dispute. What you need to decide is whether or not you would want to take the time and expense of going to court over it. I'd most likely remove it ... might even register greendotsucks, make it a purely non-commercial site and give a negative review of greendot (but really, it's not worth the effort).

    I've got hughesnetripoff.com and there's not a thing they can do about it. It's my experience with them and it is fair use.
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  • Profile picture of the author Silas Hart
    Sounds like an automated dispute - a company that sends out legal threats to any and all website owners that mention a trademark.
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  • Profile picture of the author rosetrees
    Originally Posted by Dee Scofield View Post


    I think their email to me was someone's really sloppy attempt at reputation management, and nothing more. What do you think?
    I think they have a serious problem. If they are asking people who are recommending their services to remove their posts, then they will find themselves left with only the negative reviews.

    If that's what they want, so be it. It tells me all I need to know about what kind of organisation they are and what their service is likely to be.

    I'd take down the post, find an alternative supplier of the same service and write about them instead!
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  • Profile picture of the author webgineering
    It does seem stupid - but then big companies do have that nieve mentality.

    I just wanted to perhaps pointa possible route in between the rock and hard place... Could you not 'curate' the content... As in copy the info direct from thier website and place on your post - BUT - give the direct URL link back to that content placed above the content you copy??

    I know Google wouldn't penalise you for this as i believe it's considered good and tranparent etiquette. How in fact can they then complain about thier own content - identified and linked to as thier own content. LOL
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    • Profile picture of the author rosetrees
      Originally Posted by webgineering View Post

      How in fact can they then complain about thier own content - identified and linked to as thier own content. LOL
      Much more easily. That's simple content theft of copyrighted material. Giving a link back doesn't make copyright theft legal. You are only allowed to reproduce content that has been made available for syndication - for example via an article directory where you are required to keep the ORIGINAL links in tact.
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  • Profile picture of the author MoneySavingLisa
    I'm surprised they'd have a problem with that. Eh sounds like a bunch of idiots. I once wrote a completely non sponsored review of a product I was using and loved, and a day later the company emailed me to send me a free shirt and mentioned my post in there blog! I would have though any place would have done the same or close to it.
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  • Profile picture of the author sunray
    It wouldn't be right to recommend the services of such a company, it's betraying the trust of your visitors.
    What you should check out, is whether in your jurisdiction the losing party pays all of the court costs (in some US states, as well as in Europe it is the case). If so, I would replace the recommendation with the description of the current situation - just to inform your visitors, and to give the company a lesson. Their demand is such a nonsense, they would loose even if you'd have no lawyer representing you at all.
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  • Profile picture of the author SuzanneH
    Maybe you could replace the post with something like "I wrote xyz but then got this message from Green Dot: quote message" so I took it down? (I am not a lawyer, nor do I play one on the interwebs.)

    Suzanne
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    • Profile picture of the author Kay King
      I give step by step instructions on how to do all this, as well as tips on how to make the process go smoothly.
      my content is 100% original
      Did you just make up some instructions? Of course not - you rewrote instructions from the GreenDot site...right?

      The company has an active affiliate program and your post may violate terms of that program and they may be protecting their affiliate program.

      The idea of "they can't do that" or "it's not fair" is silly. Their reputation has nothing to do with the problem - every company that works with money has disgruntled people complaining.

      I don't think the problem was in suggesting GreenDot as an option. I think the problem was using full GreenDot details on a site that is probably meant to earn money for you.

      If a company wants to protect its trademark - it can't pick and choose when to protect TM.

      Everything else is non-relevant. You either take down the post or you fight the complaint. The question isn't whether you could win - it's how much money (and time) you are willing to risk to protect a blog post.

      If you decide not to comply with GreenDot - the only person you need to talk to is someone qualified to give legal advice.

      kay
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      • Profile picture of the author sunray
        Originally Posted by Kay King View Post

        Did you just make up some instructions? Of course not - you rewrote instructions from the GreenDot site...right?
        That would be copyright infringement, not trademark infirgement. Trademark infrigement is if the site offered its own services, while using a protected trademark of another party.
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        • Profile picture of the author Kay King
          I think most of us know the difference - but trademark has more "teeth".

          I don't think a recommendation that mentions GreenDot would be a problem - I've seen it many times.

          When you add in rewritten instructions that are specific to the product - that might trigger the complaint of trademark infringement. That was my point.

          It's frustrating when someone didn't mean to do anything except provide good information - but it happens. The OP may not have done anything "wrong" - but proving that is often not worth the time spent.

          kay
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          • Profile picture of the author dougp
            My recommendation is to not seek and accept advice from any online forum, even a law forum. If you want legal advice then seek an attorney.
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            • Profile picture of the author Alexander K
              Originally Posted by dougp View Post

              My recommendation is to not seek and accept advice from any online forum, even a law forum. If you want legal advice then seek an attorney.
              I see people make these posts, and I completely disagree. What is wrong with seeking legal advice on this forum? I hope most people are aware enough to know the people here aren't lawyers, but the advice given can help someone decide if they wish to move forward and get a lawyer or just drop the issue.

              It would have been silly for the OP to waste their time finding a lawyer in this matter.

              /soap box
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              • Profile picture of the author tpw
                Originally Posted by Alexander K View Post

                It would have been silly for the OP to waste their time finding a lawyer in this matter.

                /soap box

                In this case, a lawyer came knocking. :p
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  • Profile picture of the author CDarklock
    Originally Posted by Dee Scofield View Post

    One of the options I discuss is buying a Green Dot card and loading it with one of their moneypaks. I give step by step instructions on how to do all this, as well as tips on how to make the process go smoothly.
    This is using their trademark to refer to them and their services. That is what a trademark is for. If they are complaining about it, they are idiots.

    I got an email a few days ago from Green Dot threatening legal action if I don't remove the content within 10 days.
    Just do it. It isn't worth fighting over, and it isn't worth attorney's fees. Your business will not collapse if you can't tell people how to use Green Dot, and if they don't want your recommendation then don't give one.
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    • Profile picture of the author kindsvater
      Originally Posted by CDarklock View Post

      Just do it. It isn't worth fighting over, and it isn't worth attorney's fees.
      You presume attorney's fees will be paid. If the issue is as frivolous as the original post suggests, there are plenty of attorneys who will take their fee out of Green Dot's hide.

      .
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      • Profile picture of the author JohnMcCabe
        Assuming that we have the full story here, I have a layman's suggestion for finding middle ground...

        Since you say it's basically a free endorsement, propose that you add the appropriate symbols (TM or R in a circle, depending on whether it's a registered trademark or not) and a disclaimer that Greendot and MoneyPaks are trademarks of GreenDot, used here with permission.

        You may want to refer to the fact that yours is a rare positive post about GreenDot without a financial incentive.

        Also tell them that if that is not satisfactory, you will be taking the offending post down, since you say it means nothing to you.
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        • Profile picture of the author Dee Scofield
          Originally Posted by Kay King View Post

          Did you just make up some instructions? Of course not - you rewrote instructions from the GreenDot site...right?
          Neither, actually. I wrote from my own personal experience of walking into a brick & mortar store and actually buying a Green Dot card. You can't get any more original than that.

          Originally Posted by Kay King View Post

          When you add in rewritten instructions that are specific to the product - that might trigger the complaint of trademark infringement.
          Even though my article was original and not rewritten content, I did wonder if the problem might be the fact that it included step by step instructions. Perhaps Green Dot just wasn't comfortable with the level of transparency that I gave to their sales process. The whole thing is actually kind of confusing the first time you go through it; hence my article.


          Originally Posted by dougp View Post

          My recommendation is to not seek and accept advice from any online forum, even a law forum. If you want legal advice then seek an attorney.
          I thought I've already made it clear that I don't intend to fight Green Dot on this, but apparently not. I didn't need legal advice, I simply wanted some second opinions because I was so flabbergasted that Green Dot would have sent me this email in the first place. I'm not a lawyer, so I accepted the possibility that I might be missing something here.

          Originally Posted by CDarklock View Post

          Your business will not collapse if you can't tell people how to use Green Dot, and if they don't want your recommendation then don't give one.
          This sums up my feelings perfectly. And since I'm not an affiliate, withdrawing my recommendation won't make a bit of difference to my bottom line.

          Originally Posted by kindsvater View Post

          Dee, please send me a PM with the url of your blog post and a copy of their email.
          Thanks for your interest, Brian, but I've already removed the post and I'm moving on. I'm more and more convinced that I haven't done anything wrong, but for whatever reason they don't like my post and I don't have anything to gain by trying to fight them on this.

          Originally Posted by tpw View Post

          Just take it down.

          Then reply to the message telling them that you complied with their request.
          Your 'letter' was highly amusing. I would forward it to Green Dot, except that it might piss them off and then they'll find this forum thread and then they might send me another email threatening to sue me for libel or something worse, lol.

          Does this whole thing rub me the wrong way? You bet it does. It's not fair that Green Dot can bully a 'little guy' into removing perfectly legal content. Removing the post won't affect my ability to make money on the Internet, but trying to fight them might. But if this incident is typical of their corporate attitude, then it sounds like their negative reviews may be well deserved.
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          • Profile picture of the author tpw
            Originally Posted by Dee Scofield View Post

            Your 'letter' was highly amusing. I would forward it to Green Dot, except that it might piss them off and then they'll find this forum thread and then they might send me another email threatening to sue me for libel or something worse, lol.

            Does this whole thing rub me the wrong way? You bet it does. It's not fair that Green Dot can bully a 'little guy' into removing perfectly legal content. Removing the post won't affect my ability to make money on the Internet, but trying to fight them might. But if this incident is typical of their corporate attitude, then it sounds like their negative reviews may be well deserved.

            Well, there is always this option -- guaranteed anonymous:
            http://www.poopsenders.com/

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            • Profile picture of the author Black Hat Cat
              Banned
              You people are nuts. You roll over any time the wind blows, and then whine about "big business" pushing you around. If what the OP has said is true, there's is no way in hell I would take down one word of the article, and if I replied to them at all, I would tell them I will see them in court.

              It's not fair that Green Dot can bully a 'little guy' into removing perfectly legal content.
              After reading the other posts in this thread, it's obvious why they do it....because you folks let them do it. If you allow them to bully you into removing it, you have no one to blame but yourself.
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              • Profile picture of the author Alexander K
                Originally Posted by Black Hat Cat View Post

                You people are nuts. You roll over any time the wind blows, and then whine about "big business" pushing you around. If what the OP has said is true, there's is no way in hell I would take down one word of the article, and if I replied to them at all, I would tell them I will see them in court.

                After reading the other posts in this thread, it's obvious why they do it....because you folks let them do it. If you allow them to bully you into removing it, you have no one to blame but yourself.
                So there is no way in hell, you would stop recommending a company (without being paid anything for it) when the company threatens legal action? Are you serious?

                I think you needed to read this thread more carefully. If this was in the context of criticism or something along those lines, you have a point, but when it is the company "bullying" someone who gives them free advertising, the only one to blame is the company for being stupid.

                Edit: Although, going with your approach, I guess would involve editing the post to mention the legal threats and remove the information on how to use their service. Turn it in to a "buyer beware" post. That'd show 'em!
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            • Profile picture of the author Chris Worner
              Originally Posted by tpw View Post

              Well, there is always this option -- guaranteed anonymous:
              poopsenders - the ULTIMATE gag gift - SWEET revenge at its finest

              How did your wife respond?

              -Chris
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              • Profile picture of the author Kay King
                Even though my article was original and not rewritten content, I did wonder if the problem might be the fact that it included step by step instructions. Perhaps Green Dot just wasn't comfortable with the level of transparency that I gave to their sales process. The whole thing is actually kind of confusing the first time you go through it; hence my article.
                Thanks for explaining- that was my own impression. I have greendot cards and they are easy to use but like most sites involving finances the details can be convoluted.

                For those insisting on "fight it", think about it. It's not "rolling over" - it's deciding when a battle isn't worth fighting.

                In this case you'd be arguing your right to send this company more customers..... Would that be "a win"?
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                • Profile picture of the author Kurt
                  Originally Posted by Kay King View Post

                  Thanks for explaining- that was my own impression. I have greendot cards and they are easy to use but like most sites involving finances the details can be convoluted.

                  For those insisting on "fight it", think about it. It's not "rolling over" - it's deciding when a battle isn't worth fighting.

                  In this case you'd be arguing your right to send this company more customers..... Would that be "a win"?
                  When is free speech NOT worth fighting for?

                  And as Brian has pointed out, there may even be punitive damages Greendot may be liable for.
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                  • Profile picture of the author CDarklock
                    Originally Posted by Kurt View Post

                    When is free speech NOT worth fighting for?
                    When you don't have to fight for it.

                    There's no question of whether the OP is allowed to say what he said; he is. Green Dot is being retarded. If you take them to court, the judge will effectively put them over his knee and spank them.

                    But do you really want to fight a court battle with stupid people over an article?

                    If you take down that article, it doesn't set a dangerous precedent for limitations on free speech. It just saves you a long and tedious court battle with some dumbass. The only downside is OH NOES, you don't have that article anymore.

                    Who the hell cares? I wouldn't. Just take it down. Problem solved. Go away, Green Dot, there's nothing for you here.

                    And since I made that decision all by myself, not because some big corporation asked me to do it, but because it's a stupid battle that I don't want to fight... I'm not going to be complaining about anyone pushing me around. Nobody pushed me around. I had a choice to make and I made it.
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                    • Profile picture of the author Kurt
                      Originally Posted by CDarklock View Post

                      When you don't have to fight for it.

                      There's no question of whether the OP is allowed to say what he said; he is. Green Dot is being retarded. If you take them to court, the judge will effectively put them over his knee and spank them.

                      But do you really want to fight a court battle with stupid people over an article?

                      If you take down that article, it doesn't set a dangerous precedent for limitations on free speech. It just saves you a long and tedious court battle with some dumbass. The only downside is OH NOES, you don't have that article anymore.

                      Who the hell cares? I wouldn't. Just take it down. Problem solved. Go away, Green Dot, there's nothing for you here.

                      And since I made that decision all by myself, not because some big corporation asked me to do it, but because it's a stupid battle that I don't want to fight... I'm not going to be complaining about anyone pushing me around. Nobody pushed me around. I had a choice to make and I made it.
                      Easy to let others fight the battles for you, while you sit back and enjoy the benefits of their sacrifices. Until Greendot is challenged, they'll continue to try to intimidate.

                      And, it's an assumption this case would ever go to court. It's entirely possible it's merely a bluff.

                      Plus, the case could be a finacial gold mine. Read between the lines of one of Brian's earlier posts about lawyers potentially being willing to take the case. Not to mention the possible free publicity a site could get from sending out press release after press release about the case.

                      If you don't want to fight, that's your right. But don't pretend your opinion is the correct one for everyone else, or that you are benefitting anyone but yourself. You should at least pretend to be grateful to those that fight the good fight.

                      But it's good to know I can just threaten you with legal action and you'll take down anything you write that I feel is in competition with what I do.
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                      • Profile picture of the author Alexander K
                        Originally Posted by Kurt View Post

                        But it's good to know I can just threaten you with legal action and you'll take down anything you write that I feel is in competition with what I do.
                        Oh come on now, you are overeating here and this is completely false. Green dot threatened legal action over something that benefits them, not something that is in competition with them. This is a stupid company threatening someone whose giving them free advertising. It is not a company trying to remove competition.

                        Having said that, you made some great points about this being a gold mine. That was a good perspective on the situation and I can see the benefits of "fighting" this to take advantage of this stupid company. You had me, until that last paragraph.
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                        • Profile picture of the author tpw
                          Originally Posted by Alexander K View Post

                          Oh come on now, you are overeating here

                          Kurt has never struck me as an over-eater....
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                          • Profile picture of the author Alexander K
                            Originally Posted by tpw View Post

                            Kurt has never struck me as an over-eater....
                            My legal team has just filed a lawsuit against my spell checker for misrepresenting what I meant to say on warrior forums. I will be calling you as a witness to this crime against humanity.
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                      • Profile picture of the author Greg guitar
                        Originally Posted by Kurt View Post

                        Easy to let others fight the battles for you, while you sit back and enjoy the benefits of their sacrifices. Until Greendot is challenged, they'll continue to try to intimidate.

                        While I applaud and share your passion for free speech, I think it's tremendously unfair to accuse Caliban of sitting back and letting others fight his battles for him, while he gains the benefits, for stating his opinion that this case isn't worth the effort.

                        I agree with him, and the general consensus; this case will have no effect on the future of free speech, and it's semantic nonsense to pretend that every free speech battle is important, or a moral imperative.

                        The fact is, every one of us that isn't a full time fighter for freedom, justice, and human decency, is guilty of letting others fight our battles, because many people do devote their lives to such things, and the rest of us benefit tremendously, even if we aren't aware of it.

                        Judging people for not fighting a given battle is a slippery slope that leads away from wisdom, and toward smug, self-congratulatory ignorance, and eventually, profound embarrassment, once you realize you might as well have been railing against yourself, since none of us can fight every battle.

                        I for one, can think of a hundred other causes that are far more important in the long term and/or urgent in the moment than this trivial one. The phrase "pick your battles" is excellent advice, as long as it's not just an excuse for never taking action.
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              • Profile picture of the author tpw
                Originally Posted by Chris Worner View Post

                How did your wife respond?

                -Chris

                She about made a fresh pile...
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  • Profile picture of the author Will Edwards
    Do not confuse trademark and copyright issues. If you are using their trademark, they of course have a legal right to ask you to remove it. There are precedents that have already been set on the web. If you are foolish enough to go to court, you will lose. Of course, usual caveats apply (ianal)

    Will
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  • Profile picture of the author kindsvater
    Dee, please send me a PM with the url of your blog post and a copy of their email.

    .
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  • Profile picture of the author BrianMcLeod
    Greendot/Moneypak facepalm moment.

    Incredibly stupid...

    Maybe Kindsvater will get an itchy tort finger and help them better understand why blanketing the blogosphere with C&D letters on autopilot is not a profitable strategy.

    Brian
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  • Profile picture of the author tpw
    Just take it down.

    Then reply to the message telling them that you complied with their request.


    Dear Green Dot Legal Team,

    As per your request, I have pulled down one of the few posts on the Internet positively recommending your service that did not hinge on an affiliate or advertiser relationship.

    Although my post should have fallen under protection of "Trademark Fair Use", I have chosen not to fight this in court.

    As stated in the "Trademark Fair Use Reform Act", the following effectively describes the situation we are in now:
    "Empty litigation threats will maintain their power to curb competition and squelch speech, even where trademark claims should fail on the merits."
    I found the "Boston University Law Review" publication of the "Trademark Fair Use Reform Act" to be fairly interesting... Perhaps you will too...

    www.bu.edu/law/central/jd/organizations/journals/bulr/documents/MCGEVERAN.pdf

    The proponents of this legislation expressly hope that it will serve to reduce the number of frivolous C&D orders that you are sending out to commentators such as myself.
    "Changes in the procedural structure of trademark fair use will increase the proportion of defendants willing to push back, and reduce the frequency of meritless claims by markholders."
    Yes, yours is a meritless claim, but I have no vested interest in the outcome of winning this case. So, I have opted to remove the content that once served as a beneficial advertisement for your business.

    Have a nice day.

    Signed,

    Me
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  • Profile picture of the author blillard
    Screw Greendot, don't let them bully you man it's not like you coming off as them or something and all your doing is recommendation probably without a commission either.

    They're stupid I am no lawyer so I won't say what or what not to do but damn these companies are just hating and jealous because they wish they were us and had our know how.
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  • Profile picture of the author hlstew
    Why not turn it into a business opportunity? See if you can get hold of someone higher up and sell THEM reputation management services. LOL If they are seriously threatening people with legal action who are recommending them, they need help.
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  • Profile picture of the author Brian Lett
    I find it extremely strange that they have a problem with you giving them free exposure for their service. That is what I call, "missing the forest for the trees". At least as far as their legal department is concerned. I am not sure that their marketing department would take the same view.

    GDot must be doing extremely well to negatively engage with people who are spreading their marketing message for them.
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    • Profile picture of the author kindsvater
      It wasn't too hard to find the blog post. It is possible the issue wasn't really the blog post, but the website theme. Not many companies would want to be associated with the topic. Not that this would somehow create a trademark issue.

      But I found someone else similarly threatened because they had a posting about green dot. They turned the post into a scathing critique of green dot and why the company should be avoided. (And, despite a positive review being turned into a hate post, they were not sued.)

      Since I never saw the email, I wonder if it was even sent by Green Dot, or by a brand reputation company.

      Dee, let us know who actually sent the email. I, for one, look forward to creating my own lengthy post about green dot.

      .
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  • Profile picture of the author Claire Koch
    I always see people with the clickbank disclaimers wouldn't something similar suffice? String around pinky to remember stay away from them forever. Just take it down is it really worth that much to you? I read some of the posts below and thot ya know this reminds me of people getting angry and demanding refunds. What do we do about that. You know.... we give them the money and saw asta luaga baby.
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  • Profile picture of the author agc
    Change the post to reference "GANGRENE DOT (you know, that company that I used to recommend but turned out to be a bunch of skeezy vermin that try to bully people with lawsuits, but hey, form your own opinion... here's the letter they sent me when I recommended using their service)."

    Then paste / quote the entire email they sent you (replacing green dot w/ gangrene dot of course).

    Then reply to their email telling them that all references to "green dot" have been removed from your site and that you no longer recommend them to your readers.
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  • Profile picture of the author HypeText
    Take into consideration that GreenD0t's Reputation is in the toilet and for good reason...

    Do you REALLY want to be associated in ANY way with a company like that, even through commentary?

    I substituted "Zeros" for "O's"...Lets see GreeD0t's Legal Department try to sue me! lol
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    • Profile picture of the author tpw
      Originally Posted by agc View Post

      Change the post to reference "GANGRENE DOT (you know, that company that I used to recommend but turned out to be a bunch of skeezy vermin that try to bully people with lawsuits, but hey, form your own opinion... here's the letter they sent me when I recommended using their service)."

      Then paste / quote the entire email they sent you (replacing green dot w/ gangrene dot of course).

      Then reply to their email telling them that all references to "green dot" have been removed from your site and that you no longer recommend them to your readers.
      Originally Posted by HypeText View Post

      Take into consideration that GreenD0t's Reputation is in the toilet and for good reason...

      Do you REALLY want to be associated in ANY way with a company like that, even through commentary?

      I substituted "Zeros" for "O's"...Lets see GreeD0t's Legal Department try to sue me! lol

      LOLz

      What? We worry?

      Green Dot... Green Dot... Green Dot... Green Dot... Green Dot... Green Dot... Green Dot... Green Dot... Green Dot... Green Dot... Green Dot... Green Dot... Green Dot... Green Dot... Green Dot... Green Dot... Green Dot... Green Dot... Green Dot... Green Dot... Green Dot... Green Dot... Green Dot... Green Dot... Green Dot... Green Dot... Green Dot... Green Dot...

      Green Dot legal team is stupid, stupid, stupid...
      Green Dot legal team is stupid, stupid, stupid...
      Green Dot legal team is stupid, stupid, stupid...
      Green Dot legal team is stupid, stupid, stupid...
      Green Dot legal team is stupid, stupid, stupid...
      Green Dot legal team is stupid, stupid, stupid...
      Green Dot legal team is stupid, stupid, stupid...
      Green Dot legal team is stupid, stupid, stupid...
      Green Dot legal team is stupid, stupid, stupid...

      LOL

      Maybe we can rank this thread in Google at the top of page one?
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    • Profile picture of the author Dee Scofield
      Originally Posted by Black Hat Cat View Post

      You people are nuts. You roll over any time the wind blows, and then whine about "big business" pushing you around. If what the OP has said is true, there's is no way in hell I would take down one word of the article, and if I replied to them at all, I would tell them I will see them in court.

      After reading the other posts in this thread, it's obvious why they do it....because you folks let them do it. If you allow them to bully you into removing it, you have no one to blame but yourself.
      I must take exception to being called a 'whiner'. It implies that I'm emotionally attached to the outcome, and I am not.

      Not every battle in life has the same importance, and I choose not to waste my time fighting what I consider to be windmills. That way I'm not distracted when I need to fight a battle that does matter.

      In this particular situation I have nothing tangible to gain by 'winning', and it's extremely unlikely that it would benefit other bloggers either. This thing has already taken too much time out of my life as far as I'm concerned, and I haven't even been sued yet.


      Originally Posted by hlstew View Post

      Why not turn it into a business opportunity? See if you can get hold of someone higher up and sell THEM reputation management services. LOL If they are seriously threatening people with legal action who are recommending them, they need help.
      I actually considered this for about a nanosecond, after coming across all their negative reviews. And in the next moment, I thought, "do I REALLY want them as a client?" Naw. :-)



      Originally Posted by kindsvater View Post

      It is possible the issue wasn't really the blog post, but the website theme. Not many companies would want to be associated with the topic. Not that this would somehow create a trademark issue.
      Of course that went through my mind also. But my article couldn't in any way whatsoever be considered an endorsement by Green Dot, and while the topic may be 'off-color', it is certainly not illegal. And as you point out, by itself it doesn't constitute a trademark violation.



      Originally Posted by kindsvater View Post

      But I found someone else similarly threatened because they had a posting about green dot. They turned the post into a scathing critique of green dot and why the company should be avoided. (And, despite a positive review being turned into a hate post, they were not sued.)
      I'm glad you mentioned this, because within an hour after I removed the post, a trusted friend and mentor convinced me to restore it. If the threats escalate as a result then I'll take it down again, because I truly don't have a vested interest in that particular blog post and I've got better things to do than play David to Green Dot's Goliath. On the other hand, they may decide that it's not worth pursuing and simply go away and leave me alone. More than anything I'm just curious now to see what, if anything, will happen.



      Originally Posted by kindsvater View Post

      Since I never saw the email, I wonder if it was even sent by Green Dot, or by a brand reputation company.

      Dee, let us know who actually sent the email. I, for one, look forward to creating my own lengthy post about green dot.
      Great point. It's signed "Green Dot Corporation" and the reply-to is Green Dot, but it appears to have been sent by a brand reputation company.

      Here's the email they sent (I hope it's okay to post this here):

      from: greendot@riskiq.com
      reply-to: unauthorized@greendot.com
      to: xxxxxxxxxx
      date: Fri, Dec 23, 2011 at 5:23 PM
      subject: Notification to Remove All References to Green Dot(TM) Intellectual Property

      Sirs,

      You have set up a website which includes use of the Green Dot and/or MoneyPak trademark without prior authorization. The specific webpage referenced is: http://www.xxxxxxxxxxxxx

      All references to trademarked Green Dot and/or MoneyPak must be immediately removed from the website as you are not authorized to use our trademark and are in violation of law. Further legal action may be taken if any and all references to Green Dot and/or MoneyPak are not removed within 10 days from the date of this notification.

      Please do not respond directly to this email, as the originating email account is not monitored. All inquiries should be directed to unauthorized@greendot.com.

      Sincerely,

      Green Dot Corporation

      Green Dot Case #: xxxxxxxx
      It's been interesting to read all the posts in this thread, and to see the diversity of opinion. Even if I don't necessarily agree with a particular opinion, I certainly appreciate getting all points of view.
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      • Profile picture of the author tpw
        Originally Posted by Dee Scofield View Post

        It's been interesting to read all the posts in this thread, and to see the diversity of opinion. Even if I don't necessarily agree with a particular opinion, I certainly appreciate getting all points of view.

        Brian Kindsvater is the resident legal eagle.

        I'd recommend putting his opinion above all others.

        And yes, that looks to be a reputation management company:
        RiskIQ™ => Uncover Online Security Risks & Fraud in the Cloud !

        From their website:

        RiskIQ™ finds tangible, emerging online threats to your business. Our proprietary technology monitors the web-based content that matters most to your business — both on your website and across the web at-large — identifying emerging security risks and providing early warning for online security threats most likely to impact your customers, employees and brand.

        They specialize in "identifying emerging security risks" to their client's brand, and if this case is any indication, also creating security risks for their client's brand. :rolleyes:

        After all, if someone like Kindsvater takes your case, this action could cost Green Dot money.
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        • Profile picture of the author Dee Scofield
          Originally Posted by tpw View Post

          Brian Kindsvater is the resident legal eagle.

          I'd recommend putting his opinion above all others.
          Ten-four on that.


          Originally Posted by tpw View Post

          They specialize in "identifying emerging security risks" to their client's brand, and if this case is any indication, also creating security risks for their client's brand. :rolleyes:
          LOL, well said, well said...
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      • Profile picture of the author Dee Scofield
        Originally Posted by tpw View Post

        Kurt has never struck me as an over-eater....
        Originally Posted by Alexander K View Post

        My legal team has just filed a lawsuit against my spell checker for misrepresenting what I meant to say on warrior forums. I will be calling you as a witness to this crime against humanity.
        You guys are hilarious.


        Originally Posted by Alexander K View Post

        Oh, and this thread is now #6 on google for green dot stupid, LOL.
        Okay now, CUT THAT OUT. I'm trying to keep a low profile with Green Dot and you're making it difficult, lol.
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  • Profile picture of the author Alexander K
    Oh, and this thread is now #6 on google for green dot stupid, LOL.
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  • Profile picture of the author faceblogger
    Just reminding in case you did not do.

    Did you check the email headers? There is a chance that somebody wound have sent you an email pretending as Green dot com (email spoofing) , especially your competitors
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    • Profile picture of the author tpw
      Originally Posted by faceblogger View Post

      Just reminding in case you did not do.

      Did you check the email headers? There is a chance that somebody wound have sent you an email pretending as Green dot com (email spoofing) , especially your competitors

      That is a good point for those who might face similar situations in the future.

      In this case, the email seems to have come from a reputation management company instead of from Green Dot specifically, so I tend to believe it is a legitimate email, although not a legitimate claim.



      Since now I know that Caliban will remove any content from his site, if I send him a C&D.... Any content that I deem fit to be removed... I am now off to his blog to see if there are any posts that I want to send him a C&D for...

      Since he and I compete for an audience on Saturday nights... I know just the kind of content to look for on his sites.... :p
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  • Profile picture of the author OO
    Greendot yet again shows its true colors. I'm sorry you had this experience with them. I'll stay away.
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  • Profile picture of the author sonu703
    i would ask for a lot of money in return!
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