blatant case of plagiarism... me??

10 replies
Ok so I got an email from a company that owns a website that is named like mine but instead of a .ca , he's got the .com . For example i'll use the good ol plumber example so lets say I own plumbercity.ca and he owns plumbercity.com.

His company is named Plumber Blabla City
My clients company is named Blabla Plumber

So this marketing company has sent me an email on behalf of that Plumber and it goes like this.

Dear Xxxxxx

Please be advised that I am writing on behalf of Xxxxxx, owners of XxxxxxCity.com, It has come to our attention that you are using the "© 2011 Xxxxxx City Enr. All rights reserved " mark, with much of it's
content, specifically found at: www.plumbercity.ca, is an infringement upon our registered CA trademark, 8677556QC. The rights to the "© 2011
Xxxxxx City Enr. Tous droits réservés
" brand name are owned by Xxxxxx City inc, and this trademark/copyright was registered
on 02/10/2009.

The "© 2011 Xxxxxx City" mark is a widely known trademark for The Quebec's xxxx and xxxx industry that has been used in commerce since
02/10/2009. My company has spent thousands of dollars advertising and promoting its brand name. This investment has generated widespread and substantial
goodwill in the public acceptance for this trademark in Quebec and worldwide.

The unauthorized use of the "plumber city" mark and it's web content, infringes on our trademark registration, constitutes dilution of our registered
trademark and is creating an enormous commercial confusion.
Please erase, take down, all refenrences to our trademark, business name, in what is a blatant
case of plagiarism.

Please advise me in writing no later than January 26, 2012 that you have complied with this request.

In the event you do not act in accordance with the aforementioned, Groupe Xxxxxx inc will pursue all legal remedies including
but not limited to filing complaints with your ISP, and north american search engines such as ©Google and ©Yahoo!.


Sincerely,

Xxxxxx, President
Plumber A1 City inc
xxx-xxx-xxxx
xxxx@plumbercity.com



Now, I did not put ANYTHING related to their website. Not a single image, name, articles, NOTHING. Nowehere does there company name appear on my website or anything related. I created my website wihout even knowing this guy existed because his website was down the whole time I built mine and so far Ive been able to log on his website twice and thats about it....and it looks horrible anyway :rolleyes:

I have put a logo and the name of the *plumber* on each and every page and it isnt even close to look like that other *plumber*...

Soooooo , I know im a threat to them as Ive taken some of their share of the market and I must say Im doind PRETTY well and probably hurting them alot HOWEVER Im wondering if they could be right about that copyright thing? This sounds like total bull****...

If Im wrong, then alot of people are doing this wrong. It's like saying "hey man, im a dentist and I own dentistcity.com so you cant use dentistcity.net because people will think it's me and I own this name...

PS: His name aint even Plumber City, its something like Plumber A1 City Inc.

What do you guys think?
#blatant #case #plagiarism
  • Profile picture of the author Kay King
    I think you need to stop justifying and see if this person holds the trademark. You can check trademarks online but your opinion about his site is irrelevant. Confusing copyright with trademark is a common mistake.

    If you are using a brand name that is trademarked - better start reading some legal and .gov sites to see what the facts are. You can check trademarks online at

    Trademark Electronic Search System (TESS)

    There may be other trademark databases in your country, too. If he pushes the issue and you want to fight it - time for an attorney.
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  • Profile picture of the author iAmNameLess
    Sounds interesting. I don't know if I would buy it or not... I'm a bit confused, are you saying they don't like the domain name you have? Is that fine, but it is a logo or something?

    Very weird, but not uncommon, people trying to muscle others down. Please research this, and let us know. If possible, PM me the actual information without you X'ing it out so I can help.
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    • Profile picture of the author Justin Lavoie
      Originally Posted by iAmNameLess View Post

      Sounds interesting. I don't know if I would buy it or not... I'm a bit confused, are you saying they don't like the domain name you have? Is that fine, but it is a logo or something?

      Very weird, but not uncommon, people trying to muscle others down. Please research this, and let us know. If possible, PM me the actual information without you X'ing it out so I can help.
      Just to make it simple:

      -My company Wolfez inc work for Plumber Bob inc
      Another marketer Rofl Marketing works for Plumber Devil Chicago inc

      Plumber Bob Inc is named wwy.PlumberChicago.ca (my website)
      Plumber Devil Chicago is named wwy.PlumberChicago.com

      Plumber Devil Chicago says "hey I've paid alot of money so that people would know this Plumber Chicago thingy. I see on your website that you use our names (which I do not, other than "Plumber Chicago" in the header and this guy is Plumber DEVIL Chicago) and we have copyrights on this. Close it down."

      He's saying the same for 2 other websites he own related to this same business but the names are far from being close so it's like he's saying that he owns the internet territory for this business in that region... :rolleyes:
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  • Profile picture of the author Justin Lavoie
    Ive searched the copyrights database in canada and nothing close to my webstie name appears there... anyways the more I think about it the more I find that it doesnt make sense at all.

    I will send him a message kindly asking for him to send me some proofs and will tell him that I will erase the website as soon as it's done. All this in a very friendly manner and that should do the trick for now...Im thinking he might never reply to this as he's probably got nothing to show me at all.. If he wants to go big and still sue me for some reason I might just delete the website and start 10 other websites very close to this one and destroy his market from all sides.
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  • Profile picture of the author Hugh
    Once started a website "BeachesFavoriteBlah.com." Got a letter from
    a lawyer demanding I cease & desist because his client had trademarked
    "Beaches." Offered to sell them the domain for $10,000 and never
    heard another word.

    Hugh
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  • Profile picture of the author sandalwood
    Originally Posted by wolfez View Post

    Ok so I got an email from a company that owns a website that is named like mine but instead of a .ca , he's got the .com . For example i'll use the good ol plumber example so lets say I own plumbercity.ca and he owns plumbercity.com.

    His company is named Plumber Blabla City
    My clients company is named Blabla Plumber

    So this marketing company has sent me an email on behalf of that Plumber and it goes like this.

    Dear Xxxxxx

    Please be advised that I am writing on behalf of Xxxxxx, owners of XxxxxxCity.com, It has come to our attention that you are using the "© 2011 Xxxxxx City Enr. All rights reserved " mark, with much of it's
    content, specifically found at: www.plumbercity.ca, is an infringement upon our registered CA trademark, 8677556QC. The rights to the "© 2011
    Xxxxxx City Enr. Tous droits réservés
    " brand name are owned by Xxxxxx City inc, and this trademark/copyright was registered
    on 02/10/2009.

    The "© 2011 Xxxxxx City" mark is a widely known trademark for The Quebec's xxxx and xxxx industry that has been used in commerce since
    02/10/2009. My company has spent thousands of dollars advertising and promoting its brand name. This investment has generated widespread and substantial
    goodwill in the public acceptance for this trademark in Quebec and worldwide.

    The unauthorized use of the "plumber city" mark and it's web content, infringes on our trademark registration, constitutes dilution of our registered
    trademark and is creating an enormous commercial confusion.
    Please erase, take down, all refenrences to our trademark, business name, in what is a blatant
    case of plagiarism.

    Please advise me in writing no later than January 26, 2012 that you have complied with this request.

    In the event you do not act in accordance with the aforementioned, Groupe Xxxxxx inc will pursue all legal remedies including
    but not limited to filing complaints with your ISP, and north american search engines such as ©Google and ©Yahoo!.


    Sincerely,

    Xxxxxx, President
    Plumber A1 City inc
    xxx-xxx-xxxx
    xxxx@plumbercity.com



    Now, I did not put ANYTHING related to their website. Not a single image, name, articles, NOTHING. Nowehere does there company name appear on my website or anything related. I created my website wihout even knowing this guy existed because his website was down the whole time I built mine and so far Ive been able to log on his website twice and thats about it....and it looks horrible anyway :rolleyes:

    I have put a logo and the name of the *plumber* on each and every page and it isnt even close to look like that other *plumber*...

    Soooooo , I know im a threat to them as Ive taken some of their share of the market and I must say Im doind PRETTY well and probably hurting them alot HOWEVER Im wondering if they could be right about that copyright thing? This sounds like total bull****...

    If Im wrong, then alot of people are doing this wrong. It's like saying "hey man, im a dentist and I own dentistcity.com so you cant use dentistcity.net because people will think it's me and I own this name...

    PS: His name aint even Plumber City, its something like Plumber A1 City Inc.

    What do you guys think?
    Our agency got a letter like that last year. It came from an attorney firm in Chicago. As it turns out I did some research and found the US Supreme Court has an 8 point rule to establish if a trademark has been violated.

    We didn't meet any of the points. If I was you, I wouldn't write them anything at all. Unless you want to offer to sell them the website like the previous poster. That probably would stop them in their tracks.

    I passed both the law firm's letter and my research passed our attorney who wrote them a nice one page letter. We;ve never heard back. If I read your post correctly, you won't either.

    This is not legal advice so you may wish to consult with a competent attorney. BTW, our atty said he had seen about two dozen such letters before I brought him ours. He said it was snail mail phishing to see if they can get you to send them money.
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  • Profile picture of the author Justin Lavoie
    Thanks for the answers guys, I really appreciate. I see i'm not the only one getting empty threats lol..
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    • Profile picture of the author angiecolee
      Disclaimer: I am not a lawyer, so definitely consult one and do some research for more peace of mind.

      From my understanding of copyrights, trademarks, and patents, it sounds like someone is 1) trying to scam you, and 2) confusing copyright with trademark.

      If you copied their website in whole or in part, you would be infringing on their copyright. If you use their business name, logo, motto, slogan, etc., you would be infringing on their trademark.

      One of the points (mentioned above by another member) for determining trademark infringement is location. Meaning, it's entirely possible for there to be two different businesses with the exact same name (independently created, each without awareness of the other) in different regions. Most infringement cases are built around intent - that is to say, you took their name in order to deceive their clients, or because you wanted their profits. If you've seen the movie Coming to America, you can see an example of this with McDowell's vs. McDonald's.

      It really doesn't sound like they have any legal recourse to my limited knowledge. They'd have to prove that you had knowledge of their site before they sent you the C&D letter, and that you had access to their materials in order to willfully infringe. They may be trying to use a scare tactic, who knows? At any rate, CALL A LAWYER.
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  • Profile picture of the author Justin Lavoie
    Thanks Angie, I really appreciate
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  • Profile picture of the author Seantrepreneur
    Yes, Angie is right. You'll definitely want to call a lawyer on this one. Do you have any friends or family that are a lawyer? Legal fees can get expensive pretty quick so try and get as much free advice as possible.

    The WF is a great place to get marketing advice, but I wouldn't rely much on the legal advice. Not that warriors are trying to lead you the wrong way it's just not our specialty.

    With that said they are most likely full of crap and have no rights over that domain name. Don't waste your time writing them back and just go about your business. You should probably still talk to a lawyer just to check and see if they have anything, but beside that keep working away.

    Hope that helps,

    Sean
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