Would this upset you or not?

by Raydal
12 replies
You sell a product at http[productname].com and your competitor
registers and sells a similar product at http[productnameonline].com.

Now the [productname] is not a trademark but is a well-known
product sold for many years and the new product is recent.

Let me know your opinion.

-Ray Edwards
#upset
  • Profile picture of the author BizMath
    1. Improve your site's SEO and attract people into your site who search competitor's site on search engines.

    2. Offer valuable free bonuses.

    You've nothing to get upset. Manage it intelligently, the competitor has given you a free gift.

    (I'll make $5000 + per month with doing nothing except this if I had 10 top level competitors, unfortunately, I'm not enough lucky.... they suck mine..
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    • Profile picture of the author Alexa Smith
      Banned
      Yes, it would definitely upset and anger me.

      I think the intent is fairly clearly what a court would classify as "malicious", and that's what matters.

      Over here
      , I'd expect a court, on those facts, perhaps even to determine that the trademark exists constructively, i.e. even without having been registered, and that the defendant's lawyer would quickly advise him of that, so it wouldn't ever come anywhere near a court at all, really, but would easily be resolved after a lawyer's letter or two.

      I may be wrong, but to me, it seems fairly open and shut, and I certainly wouldn't hesitate to go to a lawyer, on these facts. But that's just my perspective, as well as perhaps a UK-centric one: I regularly take legal advice and occasionally send out lawyer's letters, to protect my legitimate business interests.

      .
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      • Profile picture of the author kilgore
        ^^ Alexa is exactly right and what she said applies in the US as well.
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        • Profile picture of the author FredJones
          Originally Posted by Raydal View Post

          You sell a product at http[productname].com and your competitor
          registers and sells a similar product at http[productnameonline].com.

          Now the [productname] is not a trademark but is a well-known
          product sold for many years and the new product is recent.

          Let me know your opinion.

          -Ray Edwards
          Originally Posted by Alexa Smith View Post

          Yes, it would definitely upset and anger me.

          I think the intent is fairly clearly what a court would classify as "malicious", and that's what matters.

          Over here
          , I'd expect a court, on those facts, perhaps even to determine that the trademark exists constructively, i.e. even without having been registered, and that the defendant's lawyer would quickly advise him of that, so it wouldn't ever come anywhere near a court at all, really, but would easily be resolved after a lawyer's letter or two.

          I may be wrong, but to me, it seems fairly open and shut, and I certainly wouldn't hesitate to go to a lawyer, on these facts. But that's just my perspective, as well as perhaps a UK-centric one: I regularly take legal advice and occasionally send out lawyer's letters, to protect my legitimate business interests.

          .
          I would agree with Alexa on this. The "intent" that Alexa mentioned in her second sentence is the exact word that is in my mind also.
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  • Profile picture of the author Raydal
    OK, so I'm not the only one then. Sometimes you think that
    you are too particular an it's not a big deal. But at least others
    see this as going over the line.

    -Ray Edwards
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  • Profile picture of the author John Rogers
    Based on your scenario it would piss me off and I would consider it to be a chickenshit move. Depending upon the value of the product, the brand, and how much loss of business actually occurred would determine how much money and effort should be expended in going after the copycat. The best course of action would probably be to upgrade the original product, ensuring that it beat the newcomer on all levels, and relaunch it as the original, comparing and demonstrating it as superior to the copycat.
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  • Profile picture of the author Christian Swift
    Hi Raydal,

    It would really peeve me off! But I'm not sure how much you could actually do about it legally... Especially if the product is not Trademarked.

    I agree with BizMath. Is there any point looking into pursing this legally when you can put your efforts into improving your SEO to knock them down on search engines, and pump your energy into furthering your marketing overall to out-do this chap?

    It's a sad fact online that some people try and leech off others to gain success for themselves... Crab in a bucket syndrome!

    Christian
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  • Hey, you can't stop so learn to live with it or do what the rich do and lawyer up. I had a guy register my trademark and generate leads using it to his site. You can't stop it, and I use to get upset but after I learned how evil many humans are and that I will die soon I think it's not worth getting angry. That's me I get it most people need to get angry like I use to, but the wicked and selfish self centered will do what they do and not give a ##$@#$ about you. That's humanity. But if you demand that no one does it get a lawyer and trademark then sue left and right people do that, I know a guy who's hobby it is. Good luck 2 u.
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    soon people... Relax...
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  • Profile picture of the author salegurus
    Agree with the rest of the crowd.
    As far as legal action, if your comp is anywhere but US,Canada,Europe and Aus those third world guys don't give a damn about our laws...
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    • Profile picture of the author JohnMcCabe
      Originally Posted by Raydal View Post

      OK, so I'm not the only one then. Sometimes you think that
      you are too particular an it's not a big deal. But at least others
      see this as going over the line.

      -Ray Edwards
      It's a big deal.

      Originally Posted by John Rogers View Post

      Based on your scenario it would piss me off and I would consider it to be a chickenshit move. Depending upon the value of the product, the brand, and how much loss of business actually occurred would determine how much money and effort should be expended in going after the copycat. The best course of action would probably be to upgrade the original product, ensuring that it beat the newcomer on all levels, and relaunch it as the original, comparing and demonstrating it as superior to the copycat.
      If the site is an obvious attempt to poach on the product name, it may be in the owner's interest to pursue this as if it were registered, lest the product name enter the public domain.

      Competing against the copycat, especially announcing an upgrade, just legitimizes the copycat.
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  • Profile picture of the author ChrisBa
    Do you own the product? or are you an affiliate?

    If you own it, then yes, I'd do whatever possible to get rid of the other site. If you don't own the product than I wouldn't worry about it.
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  • Profile picture of the author zerofatzreturns
    honestly you guys are sharing the same market. I think I might try and form a sort of syndicate with him. Put together about 5 people like this and form a sort of trade union with them. You guys could promote each others products and coordinate product launches around each other. This would make you both more powerful. It's not my idea by the way I got that from being a student of Frank Kern. Smart guy though I will tell you that.
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