Would You Sue These Guys Into The Stone Age?

by AndrewAdamSmith

Posted: 8 years ago 15 replies

INTERNET MARKETING

I recently noticed a company marketing using PPC ads that infringe on my copyrighted trademark business name. Should I litegate the pants off whoever this is or just let it slide?

#age #guys #stone #sue

stoltingmediagroup

8 years ago

Originally Posted by AndrewAdamSmith

I recently noticed a company marketing using PPC ads that infringe on my copyrighted trademark business name. Should I litegate the pants off whoever this is or just let it slide?

If you are actually contemplating to possibly "let it slide", then you are either not that bothered by it,
or you realize it may not be feasible financially or time wise to sue, if you even have a case to sue anyone in the first place.

Most companies that have PPC Trademark issues simply file a complaint with the ad platform
and request an investigation first, at which point you might learn that the ads running "might" fall under
"fair use".

In the case of the advertiser actually infringing, their ads would simply be pulled etc.

Before you run off to court, realize that let's say: "Google", started allowing advertisers to bid on trademarked keywords in the U.S starting a few years back.

Either way, there's little point coming in here asking "should I sue" questions to see what the majority would say. You will simply be asked to consult a lawyer, who is really the only entity that should be advising you as to whether he/she would "Sue These Guys Into The Stone Age?", Followed by;
"how would you like to pay?"

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BigFrank Banned 8 years ago

Originally Posted by stoltingmediagroup

Followed by;"how would you like to pay?

Followed by, "How much and for how long?"

Cheers. - Frank
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- The Niche Man 8 years ago
  
  This is one of those "pick your battles wisely" situations. In most cases all it takes is a friendly cease and decist letter. But believe it or not in most cases they'll flop in a matter of time and quit themselves. This is especially true if you've put a lot of work and effort in other areas they don't know about or can't copy too.
  
  At least, that's my story. I was even able to learn a few things from them .. before they eventually quit. It's actually happened in 4 specific cases.
  
  But on the other hand, if you're making millions of dollars and invested millions of dollars in brand loyalty marketing it might be good to get legal advice.
  
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Rory Singh 8 years ago

Maybe you should consult a specialize lawyer
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Ilenia Internet Marketer 8 years ago

Hy AndrewAdamSmith

Try to consult a lawyer to find out how honest you have to move, but it is up to undertake a lawsuit, you spend a lot of money and it would take a long time however, it's best to always define these things in a good-natured.
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DubDubDubDot 8 years ago

You got the money for a trademark and a lawyer to sue someone..... yet your sites are on free hosting. lol

I smell a rat.
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- gnojham 8 years ago
  
  Originally Posted by DubDubDubDot
  
  You got the money for a trademark and a lawyer to sue someone..... yet your sites are on free hosting. lol
  
  I smell a rat.
  
  Seems he tends to not participate much in threads he starts. I think he posts just to get his signature shown...
  
  Thanks
  
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Tsnyder

8 years ago

Originally Posted by AndrewAdamSmith

I recently noticed a company marketing using PPC ads that infringe on my copyrighted trademark business name. Should I litegate the pants off whoever this is or just let it slide?

Kind of a silly question to ask on an internet forum where
the only responses you'll get are mostly from people with no
discernible identity who have no stake in the outcome, ya think?

That... and anyone who would pretend to give you an answer
that might actually have some value would need about a dozen
more details. You haven't actually told us anything upon which
to base a reasonable response.

But... hey... go ahead and take advice from all the well meaning
anonymous internet lawyers... LOL

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Xarcz 8 years ago

Just ask them to take it down and state the consequences if they don't. If they're willing to take it down for you then no need to sit back and develop an evil plan before getting to know them.
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- Kay King 8 years ago
  
  copyrighted trademark business
  
  It is a silly question because of the term above if for no other reason.
  
  There's a lot of real estate between "litigate the pants off" and "let it slide" extremes.
  
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nmwf

8 years ago

Originally Posted by AndrewAdamSmith

I recently noticed a company marketing using PPC ads that infringe on my copyrighted trademark business name. Should I litegate the pants off whoever this is or just let it slide?

A business name cannot be copyrighted - only trademarked. So you've got at least that part working against you... Trademark, Patent, or Copyright? | USPTO

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kuku 8 years ago

I wouldn't over complicate it - just send this guy an email, explaining your point sharp and clear, with possible outcomes (suing etc').

I believe in merciful justice.
I wouldn't, and I assume everyone else here, like to be sued straight away without a warning, especially if it was an honest mistake.
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savidge4

8 years ago

Originally Posted by AndrewAdamSmith

I recently noticed a company marketing using PPC ads that infringe on my copyrighted trademark business name. Should I litegate the pants off whoever this is or just let it slide?

The term "Trademark" here is critical. is it really trademarked? if so, do you want to keep the trademark? then your only course of action is a cease and desist followed by further action as needed.

If you actually have a Trademark, then more than likely you will already have counsel. You may wish to speak to them about the terms of maintaining a Trademark. and in that, will be the answer to your question.

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kingarthur65 7 years ago

Send a cease and desist letter. You don't have a choice. If you don't defend your trademark you lose it.
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BradCarroll 7 years ago

Stab them in the butt with a fork.
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Would You Sue These Guys Into The Stone Age?

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