Wow TWO Legal Threats From The Competition At Launch...

[Derek S]

So I uncovered a new hungry niche last week (way outside anything make money or marketing).

And not to toot my own horn but I have an amazing product for it and more importantly a killer sales copy.

The great thing about this niche is there loads of searches and only two other competitors with information products who have actively been marketing on AdWords since 2004 in the top paid result.

Launch my website site and I get both of the competitors e-mailing me just hours after my AdWords launch telling me I am “stealing” their theme and content (sales copy is all my own so that’s bull) lol

It’s like if “Google Annihilation” when out and threatened “Google Domination” (just made up those names but wouldn’t actually surprise me if they existed) for having a similar idea and theme for a product LOL

If anything the urgent threats tell me this must be an even more lucrative niche than I first thought.

The only thing the one of them might have me on is the headline in my AdWords ad.

As an example I will use dog training and say my AdWords ad headline is “7 Day Dog Training” and my competitor’s site and product happen to be called the same thing.

Would that be me misleading people into thinking my ad was for their site... Even though my domain is clearly seen on the 3rd line?

I could change the headline to Dog Training In 7 Days... but to me does it really make a difference if I am making a statement instead of naming a product.

Love to hear your thoughts before I laugh these threats off knowing my competition is afraid of the new guy in town

[Diver's]

wow..you hit them hard.. - this is an open market, when ford make SUV, does ford tell mercedes dont build your SUV..just ignore them and good luck on your new honey pot!

[sarasayshi]

Well adwords allows trademark bidding and even so, they would have to prove they have the "theme" trademarked before they could even pursue anything.

They are probably just hoping their email would shake you up and make you back off.

[Derek S]

It gets even more amusing on my end... logging into PayPal account just now, amongst my payments received - two of my most recent sales where from the two competitors... It will be interesting to see if either of them come out and ask for a refund LOL

[T.I.M.]

Dude if you get refunds or not, it's THEM.

They've prob been doing this for years to other competitors and you're you and say F*CK you! to them..... Great work on your part my man...

[baca85]

You could of course spin this on its head. These guys probable have quite large mailing list you might want to do a JV with them. You take the sting out them feeling attacked. You give them a chance to make more money from their list. Oh I assume your product is different from theirs and possible compliment there products

[baca85]

and to continue on from last post when they have a new product you could cross promote to your list.

[Ilya Feynberg]

Originally Posted by sarasayshi

Well adwords allows trademark bidding and even so, they would have to prove they have the "theme" trademarked before they could even pursue anything.

They are probably just hoping their email would shake you up and make you back off.

Just a quick note on this, and to agree...trademark bidding is not illegal. Even if they had a trademark that you're bidding not only will google not shut you down, but they can not touch you for that as long as your ad text remains clean of all their trademarks. Of course you have to make sure you know how to work with the law and that your site itself has no trademark infringement issues. Thats all another story though...

On another note...don't be scared, tell them to f**k off (seriously) and keep on your marry old way...then drive them out of business....oh I by the way I would recommend buying their product in the near future to make sure they aren't stealing anything from you.

Also...keep in mind that legal battles take a lot of time....a lot of money...and attorneys that think they can win. Almost always it's just a bully tactic and the company knows they can't follow through on anything, and the possibility of a counter suit on your part because of lost business, reputation etc... could be too much.


Good luck!!!

P.S. This is not legal advice of any kind and was simply written for entertainment purposes only! You should always consult an attorney.

Ok there...I've put my little protective disclaimer

[Hackbridge]

Not sure if your competitors are Warriors but I want to wish you all the best on your product.

Brian

[activetrader]

What do you mean by "legal threats"? Have you received anything in writing from their lawyer? This is a grey area to say without seeing their page and your page. It is a matter of fact that some publishers had to change their product names because competitors complained about causing potential confusion. You and them can litigate this and this would probably go in front of jury who would be asked "Is this product using substantial and undeniable similar graphics, wording, etc."? "Can the name of the product easily confuse the customer?"

Most likely the reason your competition bought your product is to see if you ripped their books and to determine if they might have a cause of action against you. Sorry to sound harsh I am not saying you did but this is the likelyhood of their conduct.

[Minisite Nerd]

No offense, but what are they going to do?

They can't sue you because you decided to create a competing product, as long as everything on your end is on the "up and up", you're fine.

They are just going to have to learn to step their game up.

Down the road it may even be in their and your best interest to possibly work together.

[Daniel Molano]

That sounds great Derek, but I would still try to prevent any copyright violation, even with the adwords ad. A simple DMCA notice sent to your hosting company is all it takes to bring your site down.

Just a suggestion, don't give them anything they can use against you.

On the other hand, if they're that worried it means you're a big threat, so keep it up.

[thegamecat]

I know the feeling, I've got some clown trolling me for a feature list for one of my products so he can add them to his...ah well, his sucks anyway

[Justin Mandel]

It probably means CONGRATULATIONS!

They are threatened and are worried you will take away *their* market share

So give yourself a pat on the back and let us know how your product is doing!

[jasonl70]

Intreresting potential sales copy:

"This is so great, even my competitors XXXXX and XXXX have recently purchased it!"

[hotlinkz]

I agree with Jason. Add it to your sales copy.

"This product is so effective, my competitors threatened to sue me!"

Also send them an email that says nothing but... "Free enterprise baby!"

[jaeburnham]

I will only add this. As someone that is currently being sued over this very issue is that these competitors do have a case against you. You are marketing a product using the same marketing channels and using basically the same text in your marketing.

They do not have to have anything copyrighted as it comes under the common law copyrights for those individuals.

They have a lot to prove to beat you in court but it can be done. I would chose to use different wording to avoid any legal entanglements if I were you.

There biggest complaint against and the one that will hurt you the most is that your branding will cause confusion in the market and seeing as they were there first judgement most likely go to them.

I speak from experience here. I am not attorney, I just know what I am having to deal with.

Jae

[LB]

Forums are a bad place to get legal advice.

[Derek S]

Thanks for all the feedback guys!

I already discredit my competitors in the sales copy saying "other products out there are just regurgitating information they found for free online, that will actually further HURT your chances of ___________ __________."

But I could probably go further with it saying how I have proof my competition are actualy my customers LOL!

This legal bullying is common in this business when you make not just a ripple but a Tsunami in a marketplace that can be directly felt by your competitors.

As much as I would LOVE to respond to their emails with a big fat "why so uptight... lower sales got ya down?" comment, that just lights a fire under their ass that betters my chances of ending up in court over their ego and personal opinions of whats illegal.

Your best bet is never responding to any legal threat from a competitor and not even worrying about any threat that is not from their lawyer directly.

One day you do get a message from a competitors lawyer the only thing you should do it forward it to your own legal team.

Then of course contact your competitor directly and let them know your wallets jam packed with disposable income for situations like this and you have all the time in the world to drag out any legal battle.

These "competitors" are trying to drive away other marketers and laying low from being discovered by not opening up their marketing to affiliates. Wait till I get this sucker on ClickBank and a hundred ads with the title "Product Name A Scam?" show up when people search for them in Google LOL

[Colin Parker]

To all those posters saying F**k em ... how would you feel if someone copied YOUR idea and site.

Would you say 'just keep on F*****g me I don't mind'.

I doubt it somehow.

[sarasayshi]

Originally Posted by hotlinkz

I agree with Jason. Add it to your sales copy.

"This product is so effective, my competitors threatened to sue me!"

Omg I love that! Genius!

[sarasayshi]

Originally Posted by LB

Forums are a bad place to get legal advice.

No one is telling him to take any advice from this forum. If he gets a letter from a lawyer I doubt he will come running here to ask what should he do. It's a no brainer to speak with a lawyer.

[Matt Barrington]

Originally Posted by Colin Parker

To all those posters saying F**k em ... how would you feel if someone copied YOUR idea and site.

Would you say 'just keep on F*****g me I don't mind'.

I doubt it somehow.

I don't think ANYONE here is saying "copy and steal". What we're saying is that it sounds like these guys are just scared of the competition. There's a reason this is called the Warrior forum, because let's face it, any marketer is going to have to learn to deal with conflict. They probably see this as the end of the line for the gravy train, and are trying bully tactics to get him out.

If Derek S was stealing products or intentionally plagiarising, then I don't think anyone would encourage him, but this guy knows what he's doing. I say go to town Derek! Best of luck with that.

[Tsnyder]

I don't think I'd be too surprised to find out that both
of these competitors are, in fact, the same person or company.

It seems just a little too coincidental that both of them
emailed you and bought your book.

Tsnyder

[Jillian Slack]

How about adding a screen shot of your PayPal account and something like, "Even our competitors turned to us for knowledge."

[Black Hat Cat]

Originally Posted by Colin Parker

To all those posters saying F**k em ... how would you feel if someone copied YOUR idea and site.

Would you say 'just keep on F*****g me I don't mind'.

I doubt it somehow.

It doesn't matter how I'd feel. Ideas are free game, and no one said anything about copying someone's site.

Personally though, I wouldn't say F_U to them....I wouldn't say anything to them.

contact your competitor directly and let them know your wallets jam packed with disposable income for situations like this and you have all the time in the world to drag out any legal battle.

That's the last thing I would do. Not much money in suing broke people. Telling them you actually have money is like putting a bullseye on your bank account.

[Rus Sells]

Hey dude,

Just take a screen shot that shows the number for members on this forum. Then attach it to a email telling them if they want to ruin your pursuit of free enterprise you'll be happy to share with the 44k other internet marketers you know on this forum which niche your working in.

@Jae
Coke and Pepsi both use the same marketing channels why would his situation by any different? As long as he has not actually stolen content and is not confusingly similar to their Trademark he should be good to go. Additionally if people do not believe that they are buying your competitors product when they purchase from you it would be hard to prove your product or image is causing confusion in the market.

[Floyd Fisher]

Originally Posted by LB

Forums are a bad place to get legal advice.

Amen. He needs to talk to a lawyer like asap if not sooner.

This may be a bullying tatic, but even if I had all the evidence in front of me, I couldn't honestly tell you because I don't know squat about trademark and copyright laws.

I'd be in front of a lawyer doing a cya consultation Monday morning, if not sooner. May I suggest you do the same.

[enterpryzman]

Just my opinion, less said by you is always the best policy....answer nobody unless compelled to do so by an order or petition.

I have found that when dealing with a serious legal issue, I never assume what they are thinking or what they know, I only react to exactly what I am forced to react to OR for fear of tipping my hat so to speak.


Just my own opinion, I am NOT an attorney or in any way telling you what you should or should not do....<<<< disclaimer.

Enterpryzman

[gxd5]

Words of wisdom that have served me well:

"If you're not pissing anyone off, you're not trying hard enough"

[jaeburnham]

Rus:

True, but Coke and Pepsi are two different brand names and will not cause confusion in the market place.

First off, From my own lawsuit, they don't stand much of a chance, but they do have legal grounds...that is all I am saying. You can use the same marketing channels as long as your messages are different.

Again I am NOT an attorney...but going through a similar situation gives me a unique perspective on this.

As far as saying FU to your competitors...well that is exactly what I did, now I have a court case to fight. My advice is let them make threats and don't do anything, if they sue give to an attorney, other than that just keep doing what you are doing.

Jae

[honestbizpro]

Well it sounds like you analyzed your competition and that is just smart business...but you did take their concepts and exact titles and ran with it.

So you welcomed their attention. So be prepared for them to dish out the same.

What comes around.

If the product and market are really hot like you say I think all of you can enjoy a slice of that pizza.

[sbucciarel]

lol ... sounds like you've got them worried. I wouldn't use a title that was identical to their product, but other than that, sounds like they're just squawking because of the competition.

[Mike Hill]

Originally Posted by Derek S

So I uncovered a new hungry niche last week (way outside anything make money or marketing).

And not to toot my own horn but I have an amazing product for it and more importantly a killer sales copy.

The great thing about this niche is there loads of searches and only two other competitors with information products who have actively been marketing on AdWords since 2004 in the top paid result.

Launch my website site and I get both of the competitors e-mailing me just hours after my AdWords launch telling me I am “stealing” their theme and content (sales copy is all my own so that’s bull) lol

It’s like if “Google Annihilation” when out and threatened “Google Domination” (just made up those names but wouldn’t actually surprise me if they existed) for having a similar idea and theme for a product LOL

If anything the urgent threats tell me this must be an even more lucrative niche than I first thought.

The only thing the one of them might have me on is the headline in my AdWords ad.

As an example I will use dog training and say my AdWords ad headline is “7 Day Dog Training” and my competitor’s site and product happen to be called the same thing.

Would that be me misleading people into thinking my ad was for their site... Even though my domain is clearly seen on the 3rd line?

I could change the headline to Dog Training In 7 Days... but to me does it really make a difference if I am making a statement instead of naming a product.

Love to hear your thoughts before I laugh these threats off knowing my competition is afraid of the new guy in town

Derek,

We gotta get together for coffee one of these days... and shoot the proverbial ****. There aren't too many of us in this area (So far I counted 3).

Mike Hill

Mike Hill

[TelegramSam]

Derek S,

Just a couple of thoughts...

I would make sure you are trading through an LLC or Corporation, just in case they do sue you.

However, it may be good if you keep the product in your name, but licence it for use to your company.

Then if your company is hit and ends up losing, you may still be able to keep the product etc...

This would have to be fine tuned to make it more watertight but hopefully you get the idea.

Also, the fact that you have been hit twice with legal threats and both appear to have bought the product, suggests either they are both working together, or at least know about each other anyway.

Why haven't these companies sued each other and put one of them out of business already?

So they could be just trying to scare you off. Or the two companies could really be one.

Anyway, protect your ass, don't do anything illegal and just out-market them $$$.

Sam

[arclight]

Hi Derek

An interesting tale. I hope you get to dominate the niche and make mega bucks.
Good to know you are sticking to your guns. I can't see they have a leg to stand on.

Geoff

[Rob Anderson]

wow. good feedback.
so just to be sure that i understand this. you only have 2 competitors in that niche?

cool can i join you? please email me the keywords.

ha ha , just kidding, i cannot afford lawers

[SolomonHuey]

Ok I stopped reading a lot of the replies, so forgive me if this has already been said:

If you are honestly this concerned about being sued and don't want to risk litigation, be safe and contact a lawyer.

Unless you know one of us has a law degree, you shouldn't be taking legal advice from an online forum.

By the way not trying to sound mean, just straightforward and honest, haha.

Edit: Oh yea, forgot to add it does sound like they are just bullying people, but who knows!

Solomon Huey

[Kael41]

Originally Posted by SolomonHuey

Unless you know one of us has a law degree, you shouldn't be taking legal advice from an online forum.

Just to throw my 2 cents in considering this statement: I have a law degree and am admitted to practice. However, no lawyer in his right mind would give actual legal advice over the internet considering licensure issues.

Now "common sense" on the other hand. That's jurisdiction free and doesn't carry any sort of fee

If there is any sort of legal issue that you are interested in, please contact a local, licensed attorney.

/public service announcement end