Would You Sue These Guys Into The Stone Age?

15 replies
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
  • Originally Posted by AndrewAdamSmith View Post

    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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    • Profile picture of the author BigFrank
      Banned
      Originally Posted by stoltingmediagroup View Post

      Followed by;"how would you like to pay?
      Followed by, "How much and for how long?"

      Cheers. - Frank
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      • Profile picture of the author The Niche Man
        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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  • Profile picture of the author Rory Singh
    Maybe you should consult a specialize lawyer
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  • 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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  • Profile picture of the author 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.
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    • Profile picture of the author gnojham
      Originally Posted by DubDubDubDot View Post

      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...
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  • Profile picture of the author Tsnyder
    Originally Posted by AndrewAdamSmith View Post

    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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  • Profile picture of the author Xarcz
    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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    • Profile picture of the author Kay King
      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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  • Profile picture of the author nmwf
    Originally Posted by AndrewAdamSmith View Post

    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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  • Profile picture of the author kuku
    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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  • Profile picture of the author savidge4
    Originally Posted by AndrewAdamSmith View Post

    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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  • Profile picture of the author kingarthur65
    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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