Announcement

#2 · 05-15-05, 01:31 PM

OT: Trademark and Copyright Infringement (Part 2)

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If I sent you an email claiming I owned a trademark and copyright to the
word "the" would you stop using it?

Tell this joker to put up or shut up.

-David

Alex Brodsky wrote:

>Guys,
>
>Remember last week someone sent me an e-mail about the copyright of "Dazzle
>and Shine"? Well, I asked them for more proof and here is their response. :)
>
>Prior to changing anything on my site (it *is* a small phrase), I will
>contact my lawyer. I think they are going too far...
>
>Alex
>
>-----Original Message-----
>
>Dear Mr. Brodsky:
>
>I own all property rights of "Dazzle and Shine" and its usage from
>copyrights, trademarks, intellectual property, branding, slogans, etc. If
>you do not cooperate my lawyers will be happy to provide you with all other
>information required, but if you do not comply within two weeks from
>05/14/05 we will be filing lawsuits against your company and others that are
>
>infringing upon my property rights not excluding closure of websites that do
>
>not comply with request and seeking of monetary compensation, and all other
>restitution.
>
>The page on your website where I found the possibly infringing material is
>on the following:
><A HREF ="http://www.igigi.com/page/100/PROD/31351">http://www.igigi.com/page/100/PROD/31351</A>
>
>The trademark, copyright, intellectual property rights, and any and all
>other violations in reference to my property of "Dazzle and Shine" and its
>usage commercially and in public forums such as websites are related to our
>recent sweeps of the internet to monitor whether or not unauthorized
>websites are using it on their website or using it to promote their
>websites. Certain individuals have been using the property of "Dazzle and
>Shine" in ways that conflict with the wholesome image of the brand such as
>adult content, nudity, profanity, slander, illegal activities, etc. that
>maybe damaging to our brands, company, and maybe confused with our website
>and activies on the internet and other public areas.
>
>The specific issue with your website is that you are using the "dazzle and
>shine" within the text of the page and it is picking up in the search
>engines as the main content of your website. Commercially, the usage of
>words to promote one's website and avoid confusion with other trademarks,
>copyright, brands, and other intellectual property it is recommended to use
>trade specific words related to your business, products, and brands in
>promoting one's website. You may use "dazzle and shine" in the form that it
>is used currently on your website of 05/14/05 as a description, however, it
>should not be highlighted or used in titles to promote your website as it
>may cause confusion with our brand, company, website, etc.
>
>We will not seek any further legal action as long as you cease and desist
>the use of "Dazzle and Shine" in its entirety, any varying combinations, and
>
>similarly sounding content all within the main promoting features of your
>website such as the meta tags and keywords that are ranked in the search
>engines. Try using more relevant keywords to your website related to your
>products, company, titles, subjects, categories, trade specific terminology
>as opposed to words and other slogans within the text which are being used
>by other companies that are protected under trade and copyright laws. One
>way to fix the meta tags would be to not use content as the keyword, but
>specify the specific keywords within the meta tags that are specific and
>also more indicative of your website and products and more relevant within
>search ranking on search engines.
>
>Examples of correct usage in meta tags: meta tag=keywords keywords="igigi,
>apparel, clothing, plus sizes, full figure, dresses, etc."
>
> Sincerely,
> P. J. Walden, Esq.
>
>
>
>
>>Subject: RE: Trademark and Copyright Infringement
>>Date: Thu, 12 May 2005 00:22:59 -0700
>>
>>Hello,
>>
>>I received your e-mail and would like to get more information on your
>>trademarks and copyrights regarding the phrase "Dazzle and Shine".
>>Until I do, I will continue using the phrase as is.
>>
>>Regards,
>>Alex Brodsky
>>
>>-----Original Message-----
>>Subject: Trademark and Copyright Infringement
>>
>>I am contacting your company because of your use of "Dazzle and Shine" on
>>your website and marketing. I am the owner of all trademarks and copyrights
>>in regards to "Dazzle and Shine" and your company is not authorized to use
>>it in any public or commercial form to promote or advertise your products
>>without infringing upon my intellectual property rights. Therefore, please
>>cease and desist use of "Dazzle and Shine" and another variation or
>>combination of its text on your website and other advertising methods such
>>as text, keywords, meta tags, titles, descriptions, etc. Your company has
>>two weeks to remove "Dazzle and Shine from your website and from the search
>>engines that are used it to advertise your website before I take any
>>further
>>
>>legal action to file a lawsuit to stop your use and seek monetary damages
>>for your use of my trademark and copyright of "Dazzle and Shine".
>>
>>Unfortunately, your website was one of many that I found to be using
>>"Dazzle
>>
>>and Shine" without authorization during my regular sweeps of search
>>engines.
>>
>>Please do not be offended by my notification to you about this matter, but
>>as owner of "Dazzle and Shine" I have the legal right to protect my
>>intellectual property from other companies.
>>
>>
>>
>>
>
>
>

#3 · 05-15-05, 01:34 PM

OT: Trademark and Copyright Infringement (Part 2)

Still smells like bs to me. Regardless of whether or not he actually has any
claim on "dazzle and shine" in any form, I still don't see anything on your
site that would infringe upon that. He just wants better search engine
ranking for the term and is trying to achieve that by intimidating anyone
else from using it in a way that might compete with him for search
placement.

Using the "windows" example that came up in this thread previously, Bill
Gates no doubt has a trademark claim on the term in every capacity that he
can legally do so but a store that sells storm windows, window tinting,
window cleaner, bullet-proof glass, etc. is still free to use the word as a
normal part of language to advertise their products. They'd only run into
trouble if they tried to use it in a way that suggested they had a
connection to the Microsoft product.

Dan
Impulse Creations

For low priced back issue comics and the very best in service visit us at
www.impulsecreations.net and be sure to look for information on our
discounted subscription service with free bags and free shipping!

-----Original Message-----
From: [email protected]
[mailto:[email protected]]On Behalf Of Alex Brodsky
Sent: Sunday, May 15, 2005 4:17 PM
To: [email protected]
Subject: [mru] OT: Trademark and Copyright Infringement (Part 2)

Guys,

Remember last week someone sent me an e-mail about the copyright of "Dazzle
and Shine"? Well, I asked them for more proof and here is their response. :)

Prior to changing anything on my site (it *is* a small phrase), I will
contact my lawyer. I think they are going too far...

Alex

-----Original Message-----

Dear Mr. Brodsky:

I own all property rights of "Dazzle and Shine" and its usage from
copyrights, trademarks, intellectual property, branding, slogans, etc. If
you do not cooperate my lawyers will be happy to provide you with all other
information required, but if you do not comply within two weeks from
05/14/05 we will be filing lawsuits against your company and others that are

infringing upon my property rights not excluding closure of websites that do

not comply with request and seeking of monetary compensation, and all other
restitution.

The page on your website where I found the possibly infringing material is
on the following:
<A HREF ="http://www.igigi.com/page/100/PROD/31351">http://www.igigi.com/page/100/PROD/31351</A>

The trademark, copyright, intellectual property rights, and any and all
other violations in reference to my property of "Dazzle and Shine" and its
usage commercially and in public forums such as websites are related to our
recent sweeps of the internet to monitor whether or not unauthorized
websites are using it on their website or using it to promote their
websites. Certain individuals have been using the property of "Dazzle and
Shine" in ways that conflict with the wholesome image of the brand such as
adult content, nudity, profanity, slander, illegal activities, etc. that
maybe damaging to our brands, company, and maybe confused with our website
and activies on the internet and other public areas.

The specific issue with your website is that you are using the "dazzle and
shine" within the text of the page and it is picking up in the search
engines as the main content of your website. Commercially, the usage of
words to promote one's website and avoid confusion with other trademarks,
copyright, brands, and other intellectual property it is recommended to use
trade specific words related to your business, products, and brands in
promoting one's website. You may use "dazzle and shine" in the form that it
is used currently on your website of 05/14/05 as a description, however, it
should not be highlighted or used in titles to promote your website as it
may cause confusion with our brand, company, website, etc.

We will not seek any further legal action as long as you cease and desist
the use of "Dazzle and Shine" in its entirety, any varying combinations, and

similarly sounding content all within the main promoting features of your
website such as the meta tags and keywords that are ranked in the search
engines. Try using more relevant keywords to your website related to your
products, company, titles, subjects, categories, trade specific terminology
as opposed to words and other slogans within the text which are being used
by other companies that are protected under trade and copyright laws. One
way to fix the meta tags would be to not use content as the keyword, but
specify the specific keywords within the meta tags that are specific and
also more indicative of your website and products and more relevant within
search ranking on search engines.

Examples of correct usage in meta tags: meta tag=keywords keywords="igigi,
apparel, clothing, plus sizes, full figure, dresses, etc."

Sincerely,
P. J. Walden, Esq.

>Subject: RE: Trademark and Copyright Infringement
>Date: Thu, 12 May 2005 00:22:59 -0700
>
>Hello,
>
>I received your e-mail and would like to get more information on your
>trademarks and copyrights regarding the phrase "Dazzle and Shine".
>Until I do, I will continue using the phrase as is.
>
>Regards,
>Alex Brodsky
>
>-----Original Message-----
>Subject: Trademark and Copyright Infringement
>
>I am contacting your company because of your use of "Dazzle and Shine" on
>your website and marketing. I am the owner of all trademarks and copyrights
>in regards to "Dazzle and Shine" and your company is not authorized to use
>it in any public or commercial form to promote or advertise your products
>without infringing upon my intellectual property rights. Therefore, please
>cease and desist use of "Dazzle and Shine" and another variation or
>combination of its text on your website and other advertising methods such
>as text, keywords, meta tags, titles, descriptions, etc. Your company has
>two weeks to remove "Dazzle and Shine from your website and from the search
>engines that are used it to advertise your website before I take any
>further
>
>legal action to file a lawsuit to stop your use and seek monetary damages
>for your use of my trademark and copyright of "Dazzle and Shine".
>
>Unfortunately, your website was one of many that I found to be using
>"Dazzle
>
>and Shine" without authorization during my regular sweeps of search
>engines.
>
>Please do not be offended by my notification to you about this matter, but
>as owner of "Dazzle and Shine" I have the legal right to protect my
>intellectual property from other companies.
>
>

#4 · 05-15-05, 01:40 PM

OT: Trademark and Copyright Infringement (Part 2)

Exactly

Do a search on google for dazzle and shine, his website doesn't come up at
all, and is only referenced on one of those shop and compare sites at the
bottom of the first page. that's assuming that he owns
www.dazzleandshine.com. if not, then whoever does is going to have one ****
lawyer on em.

There are about a hundred other sites using the phrase "dazzle and shine" as
well. is this joker gonna sue em all?

I own patioandgrill.com, so if any of you malicious web designers out there
use the word "patio" or "grill" ever, anywhere, for any reason, i'll drop
some litigation on ya heads!! ;-)

KC
-----Original Message-----
From: [email protected]
[mailto:[email protected]]On Behalf Of David Street
Sent: Sunday, May 15, 2005 4:31 PM
Cc: [email protected]
Subject: Re: [mru] OT: Trademark and Copyright Infringement (Part 2)

If I sent you an email claiming I owned a trademark and copyright to the
word "the" would you stop using it?

Tell this joker to put up or shut up.

-David

Alex Brodsky wrote:

>Guys,
>
>Remember last week someone sent me an e-mail about the copyright of "Dazzle
>and Shine"? Well, I asked them for more proof and here is their response.
:)
>
>Prior to changing anything on my site (it *is* a small phrase), I will
>contact my lawyer. I think they are going too far...
>
>Alex
>
>-----Original Message-----
>
>Dear Mr. Brodsky:
>
>I own all property rights of "Dazzle and Shine" and its usage from
>copyrights, trademarks, intellectual property, branding, slogans, etc. If
>you do not cooperate my lawyers will be happy to provide you with all other
>information required, but if you do not comply within two weeks from
>05/14/05 we will be filing lawsuits against your company and others that
are
>
>infringing upon my property rights not excluding closure of websites that
do
>
>not comply with request and seeking of monetary compensation, and all other
>restitution.
>
>The page on your website where I found the possibly infringing material is
>on the following:
><A HREF ="http://www.igigi.com/page/100/PROD/31351">http://www.igigi.com/page/100/PROD/31351</A>
>
>The trademark, copyright, intellectual property rights, and any and all
>other violations in reference to my property of "Dazzle and Shine" and its
>usage commercially and in public forums such as websites are related to our
>recent sweeps of the internet to monitor whether or not unauthorized
>websites are using it on their website or using it to promote their
>websites. Certain individuals have been using the property of "Dazzle and
>Shine" in ways that conflict with the wholesome image of the brand such as
>adult content, nudity, profanity, slander, illegal activities, etc. that
>maybe damaging to our brands, company, and maybe confused with our website
>and activies on the internet and other public areas.
>
>The specific issue with your website is that you are using the "dazzle and
>shine" within the text of the page and it is picking up in the search
>engines as the main content of your website. Commercially, the usage of
>words to promote one's website and avoid confusion with other trademarks,
>copyright, brands, and other intellectual property it is recommended to use
>trade specific words related to your business, products, and brands in
>promoting one's website. You may use "dazzle and shine" in the form that it
>is used currently on your website of 05/14/05 as a description, however, it
>should not be highlighted or used in titles to promote your website as it
>may cause confusion with our brand, company, website, etc.
>
>We will not seek any further legal action as long as you cease and desist
>the use of "Dazzle and Shine" in its entirety, any varying combinations,
and
>
>similarly sounding content all within the main promoting features of your
>website such as the meta tags and keywords that are ranked in the search
>engines. Try using more relevant keywords to your website related to your
>products, company, titles, subjects, categories, trade specific terminology
>as opposed to words and other slogans within the text which are being used
>by other companies that are protected under trade and copyright laws. One
>way to fix the meta tags would be to not use content as the keyword, but
>specify the specific keywords within the meta tags that are specific and
>also more indicative of your website and products and more relevant within
>search ranking on search engines.
>
>Examples of correct usage in meta tags: meta tag=keywords keywords="igigi,
>apparel, clothing, plus sizes, full figure, dresses, etc."
>
> Sincerely,
> P. J. Walden, Esq.
>
>
>
>
>>Subject: RE: Trademark and Copyright Infringement
>>Date: Thu, 12 May 2005 00:22:59 -0700
>>
>>Hello,
>>
>>I received your e-mail and would like to get more information on your
>>trademarks and copyrights regarding the phrase "Dazzle and Shine".
>>Until I do, I will continue using the phrase as is.
>>
>>Regards,
>>Alex Brodsky
>>
>>-----Original Message-----
>>Subject: Trademark and Copyright Infringement
>>
>>I am contacting your company because of your use of "Dazzle and Shine" on
>>your website and marketing. I am the owner of all trademarks and
copyrights
>>in regards to "Dazzle and Shine" and your company is not authorized to use
>>it in any public or commercial form to promote or advertise your products
>>without infringing upon my intellectual property rights. Therefore, please
>>cease and desist use of "Dazzle and Shine" and another variation or
>>combination of its text on your website and other advertising methods such
>>as text, keywords, meta tags, titles, descriptions, etc. Your company has
>>two weeks to remove "Dazzle and Shine from your website and from the
search
>>engines that are used it to advertise your website before I take any
>>further
>>
>>legal action to file a lawsuit to stop your use and seek monetary damages
>>for your use of my trademark and copyright of "Dazzle and Shine".
>>
>>Unfortunately, your website was one of many that I found to be using
>>"Dazzle
>>
>>and Shine" without authorization during my regular sweeps of search
>>engines.
>>
>>Please do not be offended by my notification to you about this matter, but
>>as owner of "Dazzle and Shine" I have the legal right to protect my
>>intellectual property from other companies.
>>
>>
>>
>>
>
>
>

#5 · 05-15-05, 01:41 PM

OT: Trademark and Copyright Infringement (Part 2)

Alex,

There are no trademarks for this phrase - I believe I mentioned that I
looked it up at www.uspto.gov . Let him know that you looked it up and it
doesn't exist.

If he does send you a legal letter, it would probably be a fake or a scam.
He signed it Esq., & he's most likely impersonating a lawyer, IMO. He is
under obligation to furnish the proof in following up on violations.

I'm not sure what kind of scam he is running, but he's dead wrong.

Juli

----- Original Message -----
From: "Alex Brodsky" <[email protected]>
To: <[email protected]>
Sent: Sunday, May 15, 2005 4:16 PM
Subject: [mru] OT: Trademark and Copyright Infringement (Part 2)

> Guys,
>
> Remember last week someone sent me an e-mail about the copyright of
> "Dazzle
> and Shine"? Well, I asked them for more proof and here is their response.
>:)
>
> Prior to changing anything on my site (it *is* a small phrase), I will
> contact my lawyer. I think they are going too far...
>
> Alex
>
> -----Original Message-----
>
> Dear Mr. Brodsky:
>
> I own all property rights of "Dazzle and Shine" and its usage from
> copyrights, trademarks, intellectual property, branding, slogans, etc. If
> you do not cooperate my lawyers will be happy to provide you with all
> other
> information required, but if you do not comply within two weeks from
> 05/14/05 we will be filing lawsuits against your company and others that
> are
>
> infringing upon my property rights not excluding closure of websites that
> do
>
> not comply with request and seeking of monetary compensation, and all
> other
> restitution.
>
> The page on your website where I found the possibly infringing material is
> on the following:
> <A HREF ="http://www.igigi.com/page/100/PROD/31351">http://www.igigi.com/page/100/PROD/31351</A>
>
> The trademark, copyright, intellectual property rights, and any and all
> other violations in reference to my property of "Dazzle and Shine" and its
> usage commercially and in public forums such as websites are related to
> our
> recent sweeps of the internet to monitor whether or not unauthorized
> websites are using it on their website or using it to promote their
> websites. Certain individuals have been using the property of "Dazzle and
> Shine" in ways that conflict with the wholesome image of the brand such as
> adult content, nudity, profanity, slander, illegal activities, etc. that
> maybe damaging to our brands, company, and maybe confused with our website
> and activies on the internet and other public areas.
>
> The specific issue with your website is that you are using the "dazzle and
> shine" within the text of the page and it is picking up in the search
> engines as the main content of your website. Commercially, the usage of
> words to promote one's website and avoid confusion with other trademarks,
> copyright, brands, and other intellectual property it is recommended to
> use
> trade specific words related to your business, products, and brands in
> promoting one's website. You may use "dazzle and shine" in the form that
> it
> is used currently on your website of 05/14/05 as a description, however,
> it
> should not be highlighted or used in titles to promote your website as it
> may cause confusion with our brand, company, website, etc.
>
> We will not seek any further legal action as long as you cease and desist
> the use of "Dazzle and Shine" in its entirety, any varying combinations,
> and
>
> similarly sounding content all within the main promoting features of your
> website such as the meta tags and keywords that are ranked in the search
> engines. Try using more relevant keywords to your website related to your
> products, company, titles, subjects, categories, trade specific
> terminology
> as opposed to words and other slogans within the text which are being used
> by other companies that are protected under trade and copyright laws. One
> way to fix the meta tags would be to not use content as the keyword, but
> specify the specific keywords within the meta tags that are specific and
> also more indicative of your website and products and more relevant within
> search ranking on search engines.
>
> Examples of correct usage in meta tags: meta tag=keywords keywords="igigi,
> apparel, clothing, plus sizes, full figure, dresses, etc."
>
> Sincerely,
> P. J. Walden, Esq.
>
>
>>Subject: RE: Trademark and Copyright Infringement
>>Date: Thu, 12 May 2005 00:22:59 -0700
>>
>>Hello,
>>
>>I received your e-mail and would like to get more information on your
>>trademarks and copyrights regarding the phrase "Dazzle and Shine".
>>Until I do, I will continue using the phrase as is.
>>
>>Regards,
>>Alex Brodsky
>>
>>-----Original Message-----
>>Subject: Trademark and Copyright Infringement
>>
>>I am contacting your company because of your use of "Dazzle and Shine" on
>>your website and marketing. I am the owner of all trademarks and
>>copyrights
>>in regards to "Dazzle and Shine" and your company is not authorized to use
>>it in any public or commercial form to promote or advertise your products
>>without infringing upon my intellectual property rights. Therefore, please
>>cease and desist use of "Dazzle and Shine" and another variation or
>>combination of its text on your website and other advertising methods such
>>as text, keywords, meta tags, titles, descriptions, etc. Your company has
>>two weeks to remove "Dazzle and Shine from your website and from the
>>search
>>engines that are used it to advertise your website before I take any
>>further
>>
>>legal action to file a lawsuit to stop your use and seek monetary damages
>>for your use of my trademark and copyright of "Dazzle and Shine".
>>
>>Unfortunately, your website was one of many that I found to be using
>>"Dazzle
>>
>>and Shine" without authorization during my regular sweeps of search
>>engines.
>>
>>Please do not be offended by my notification to you about this matter, but
>>as owner of "Dazzle and Shine" I have the legal right to protect my
>>intellectual property from other companies.
>>
>>
>
>
>

#6 · 05-15-05, 01:47 PM

OT: Trademark and Copyright Infringement (Part 2)

and as an aside.... i'm not afraid of any "lawyer" named P.J.

KC (it's really Casey, so no smartass remarks ;-) )

-----Original Message-----
From: [email protected]
[mailto:[email protected]]On Behalf Of Patio & Grill
Sent: Sunday, May 15, 2005 4:41 PM
To: miva list
Subject: RE: [mru] OT: Trademark and Copyright Infringement (Part 2)

Exactly

Do a search on google for dazzle and shine, his website doesn't come up at
all, and is only referenced on one of those shop and compare sites at the
bottom of the first page. that's assuming that he owns
www.dazzleandshine.com. if not, then whoever does is going to have one ****
lawyer on em.

There are about a hundred other sites using the phrase "dazzle and shine" as
well. is this joker gonna sue em all?

I own patioandgrill.com, so if any of you malicious web designers out there
use the word "patio" or "grill" ever, anywhere, for any reason, i'll drop
some litigation on ya heads!! ;-)

KC
-----Original Message-----
From: [email protected]
[mailto:[email protected]]On Behalf Of David Street
Sent: Sunday, May 15, 2005 4:31 PM
Cc: [email protected]
Subject: Re: [mru] OT: Trademark and Copyright Infringement (Part 2)

If I sent you an email claiming I owned a trademark and copyright to the
word "the" would you stop using it?

Tell this joker to put up or shut up.

-David

Alex Brodsky wrote:

>Guys,
>
>Remember last week someone sent me an e-mail about the copyright of "Dazzle
>and Shine"? Well, I asked them for more proof and here is their response.
:)
>
>Prior to changing anything on my site (it *is* a small phrase), I will
>contact my lawyer. I think they are going too far...
>
>Alex
>
>-----Original Message-----
>
>Dear Mr. Brodsky:
>
>I own all property rights of "Dazzle and Shine" and its usage from
>copyrights, trademarks, intellectual property, branding, slogans, etc. If
>you do not cooperate my lawyers will be happy to provide you with all other
>information required, but if you do not comply within two weeks from
>05/14/05 we will be filing lawsuits against your company and others that
are
>
>infringing upon my property rights not excluding closure of websites that
do
>
>not comply with request and seeking of monetary compensation, and all other
>restitution.
>
>The page on your website where I found the possibly infringing material is
>on the following:
><A HREF ="http://www.igigi.com/page/100/PROD/31351">http://www.igigi.com/page/100/PROD/31351</A>
>
>The trademark, copyright, intellectual property rights, and any and all
>other violations in reference to my property of "Dazzle and Shine" and its
>usage commercially and in public forums such as websites are related to our
>recent sweeps of the internet to monitor whether or not unauthorized
>websites are using it on their website or using it to promote their
>websites. Certain individuals have been using the property of "Dazzle and
>Shine" in ways that conflict with the wholesome image of the brand such as
>adult content, nudity, profanity, slander, illegal activities, etc. that
>maybe damaging to our brands, company, and maybe confused with our website
>and activies on the internet and other public areas.
>
>The specific issue with your website is that you are using the "dazzle and
>shine" within the text of the page and it is picking up in the search
>engines as the main content of your website. Commercially, the usage of
>words to promote one's website and avoid confusion with other trademarks,
>copyright, brands, and other intellectual property it is recommended to use
>trade specific words related to your business, products, and brands in
>promoting one's website. You may use "dazzle and shine" in the form that it
>is used currently on your website of 05/14/05 as a description, however, it
>should not be highlighted or used in titles to promote your website as it
>may cause confusion with our brand, company, website, etc.
>
>We will not seek any further legal action as long as you cease and desist
>the use of "Dazzle and Shine" in its entirety, any varying combinations,
and
>
>similarly sounding content all within the main promoting features of your
>website such as the meta tags and keywords that are ranked in the search
>engines. Try using more relevant keywords to your website related to your
>products, company, titles, subjects, categories, trade specific terminology
>as opposed to words and other slogans within the text which are being used
>by other companies that are protected under trade and copyright laws. One
>way to fix the meta tags would be to not use content as the keyword, but
>specify the specific keywords within the meta tags that are specific and
>also more indicative of your website and products and more relevant within
>search ranking on search engines.
>
>Examples of correct usage in meta tags: meta tag=keywords keywords="igigi,
>apparel, clothing, plus sizes, full figure, dresses, etc."
>
> Sincerely,
> P. J. Walden, Esq.
>
>
>
>
>>Subject: RE: Trademark and Copyright Infringement
>>Date: Thu, 12 May 2005 00:22:59 -0700
>>
>>Hello,
>>
>>I received your e-mail and would like to get more information on your
>>trademarks and copyrights regarding the phrase "Dazzle and Shine".
>>Until I do, I will continue using the phrase as is.
>>
>>Regards,
>>Alex Brodsky
>>
>>-----Original Message-----
>>Subject: Trademark and Copyright Infringement
>>
>>I am contacting your company because of your use of "Dazzle and Shine" on
>>your website and marketing. I am the owner of all trademarks and
copyrights
>>in regards to "Dazzle and Shine" and your company is not authorized to use
>>it in any public or commercial form to promote or advertise your products
>>without infringing upon my intellectual property rights. Therefore, please
>>cease and desist use of "Dazzle and Shine" and another variation or
>>combination of its text on your website and other advertising methods such
>>as text, keywords, meta tags, titles, descriptions, etc. Your company has
>>two weeks to remove "Dazzle and Shine from your website and from the
search
>>engines that are used it to advertise your website before I take any
>>further
>>
>>legal action to file a lawsuit to stop your use and seek monetary damages
>>for your use of my trademark and copyright of "Dazzle and Shine".
>>
>>Unfortunately, your website was one of many that I found to be using
>>"Dazzle
>>
>>and Shine" without authorization during my regular sweeps of search
>>engines.
>>
>>Please do not be offended by my notification to you about this matter, but
>>as owner of "Dazzle and Shine" I have the legal right to protect my
>>intellectual property from other companies.
>>
>>
>>
>>
>
>
>

#7 · 05-15-05, 01:50 PM

OT: Trademark and Copyright Infringement (Part 2)

On 5/15/05, Alex Brodsky <[email protected]> wrote:
> Guys,
>=20
> Remember last week someone sent me an e-mail about the copyright of "Dazz=
le
> and Shine"? Well, I asked them for more proof and here is their response.=
:)
>=20
> Prior to changing anything on my site (it *is* a small phrase), I will
> contact my lawyer. I think they are going too far...
>=20
> Alex
>=20
> -----Original Message-----
>=20
> Dear Mr. Brodsky:
>=20
>=20
> The page on your website where I found the possibly infringing material i=
s
> on the following:
> <A HREF ="http://www.igigi.com/page/100/PROD/31351">http://www.igigi.com/page/100/PROD/31351</A>
=20
> The specific issue with your website is that you are using the "dazzle an=
d
> shine" within the text of the page and it is picking up in the search
> engines as the main content of your website.=20

> You may use "dazzle and shine" in the form that it
> is used currently on your website of 05/14/05 as a description, however, =
it
> should not be highlighted or used in titles to promote your website as it
> may cause confusion with our brand, company, website, etc.
=20
> We will not seek any further legal action as long as you cease and desist
> the use of "Dazzle and Shine" in its entirety, any varying combinations, =
and
> similarly sounding content all within the main promoting features of your
> website such as the meta tags and keywords that are ranked in the search
> engines.=20

Sounds like it's all about the meta tags. It's also possible that
there could be a conflict, if it's their brand name, and you're in the
same market. I'm betting the lawyer represents these people:

<A HREF ="http://www.dazzleandshine.com/about.html">http://www.dazzleandshine.com/about.html</A>

Of course, you could keep the description the same, and probably throw
off the google rank on that term by throwing an entity into the
description... "dazzle and shine"

Somebody mentioned the 100k+ hits on the phrase, but when it's quoted,
there's under 1k. I'd bet they're going after the women's apparel
market in particular.

<A HREF ="http://www.google.com/search?q=3D%22dazzle+and+shine%22">http://www.google.com/search?q=3D%22dazzle+and+shine%22</A>

--=20
Bill Guindon (aka aGorilla)

#8 · 05-15-05, 01:57 PM

OT: Trademark and Copyright Infringement (Part 2)

Maybe if they didn't use hidden keywords, including the keyword phrase
"Dazzle and Shine", and removed their incorrect use of some meta tags,
they wouldn't have to resort to threatening innocuous phrase use on
websites to rank better for their coveted phrase. ;-)

Julie

Bill Guindon wrote:
> On 5/15/05, Alex Brodsky <[email protected]> wrote:
>
>>Guys,
>>
>>Remember last week someone sent me an e-mail about the copyright of "Dazzle
>>and Shine"? Well, I asked them for more proof and here is their response. :)
>>
>>Prior to changing anything on my site (it *is* a small phrase), I will
>>contact my lawyer. I think they are going too far...
>>
>>Alex
>>
>>-----Original Message-----
>>
>>Dear Mr. Brodsky:
>>
>>
>>The page on your website where I found the possibly infringing material is
>>on the following:
>><A HREF ="http://www.igigi.com/page/100/PROD/31351">http://www.igigi.com/page/100/PROD/31351</A>
>
>
>
>>The specific issue with your website is that you are using the "dazzle and
>>shine" within the text of the page and it is picking up in the search
>>engines as the main content of your website.
>
>
>>You may use "dazzle and shine" in the form that it
>>is used currently on your website of 05/14/05 as a description, however, it
>>should not be highlighted or used in titles to promote your website as it
>>may cause confusion with our brand, company, website, etc.
>
>
>
>>We will not seek any further legal action as long as you cease and desist
>>the use of "Dazzle and Shine" in its entirety, any varying combinations, and
>>similarly sounding content all within the main promoting features of your
>>website such as the meta tags and keywords that are ranked in the search
>>engines.
>
>
> Sounds like it's all about the meta tags. It's also possible that
> there could be a conflict, if it's their brand name, and you're in the
> same market. I'm betting the lawyer represents these people:
>
> <A HREF ="http://www.dazzleandshine.com/about.html">http://www.dazzleandshine.com/about.html</A>
>
> Of course, you could keep the description the same, and probably throw
> off the google rank on that term by throwing an entity into the
> description... "dazzle and shine"
>
> Somebody mentioned the 100k+ hits on the phrase, but when it's quoted,
> there's under 1k. I'd bet they're going after the women's apparel
> market in particular.
>
> <A HREF ="http://www.google.com/search?q=%22dazzle+and+shine%22">http://www.google.com/search?q=%22dazzle+and+shine%22</A>
>

#9 · 05-15-05, 02:27 PM

OT: Trademark and Copyright Infringement (Part 2)

It depends on whether it is trademarked in a word mark or not.

BUT IT IS NOT TRADEMARKED!

Google, meta tags, etc mean nothing if it is not trademarked.

Juli
----- Original Message -----
From: "Bill Gilligan" <[email protected]>
To: "'Bill Guindon'" <[email protected]>; "'Alex Brodsky'"
<[email protected]>
Cc: <[email protected]>
Sent: Sunday, May 15, 2005 5:05 PM
Subject: RE: [mru] OT: Trademark and Copyright Infringement (Part 2)

>I just noticed something... Your page does NOT have "Dazzle and Shine" but
>rather "dazzle and
> shine".
>
> Doesn't capitlization and punctuation play a part in trademarks to?
>
> Bill
>
>
> =============================
> Bill Gilligan
> Gilligan On-Line
> www.gilliganonline.com
> 850-233-8775
>

#10 · 05-15-05, 02:37 PM

OT: Trademark and Copyright Infringement (Part 2)

The only trademark with "dazzle" and "shine" in it was a car wash. Even
that trademark expired (it was abandoned) back in '87 so it's still free
game. P.T. Dingleberry is talking out his butt. If he does indeed own
that dazzleandshine.com place, he's under the misguidance that because he
has it in a domain name that he owns it as a "trademark". A trademark is
$500+... not $35/yr as a registration fee.

Marc

At 06:27 PM 5/15/2005, Juli wrote:
>It depends on whether it is trademarked in a word mark or not.
>
>BUT IT IS NOT TRADEMARKED!
>
>Google, meta tags, etc mean nothing if it is not trademarked.

#11 · 05-15-05, 02:44 PM

OT: Trademark and Copyright Infringement (Part 2)

It's also illegal to say you are a lawyer when you are not. Check with the
state that they lawyer claims to be from.

-----Original Message-----
From: [email protected]
[mailto:[email protected]] On Behalf Of Alex Brodsky
Sent: Sunday, May 15, 2005 2:17 PM
To: [email protected]
Subject: [mru] OT: Trademark and Copyright Infringement (Part 2)

Guys,

Remember last week someone sent me an e-mail about the copyright of "Dazzle
and Shine"? Well, I asked them for more proof and here is their response. :)

Prior to changing anything on my site (it *is* a small phrase), I will
contact my lawyer. I think they are going too far...

Alex

-----Original Message-----

Dear Mr. Brodsky:

I own all property rights of "Dazzle and Shine" and its usage from
copyrights, trademarks, intellectual property, branding, slogans, etc. If
you do not cooperate my lawyers will be happy to provide you with all other
information required, but if you do not comply within two weeks from
05/14/05 we will be filing lawsuits against your company and others that are

infringing upon my property rights not excluding closure of websites that do

not comply with request and seeking of monetary compensation, and all other
restitution.

The page on your website where I found the possibly infringing material is
on the following:
<A HREF ="http://www.igigi.com/page/100/PROD/31351">http://www.igigi.com/page/100/PROD/31351</A>

The trademark, copyright, intellectual property rights, and any and all
other violations in reference to my property of "Dazzle and Shine" and its
usage commercially and in public forums such as websites are related to our
recent sweeps of the internet to monitor whether or not unauthorized
websites are using it on their website or using it to promote their
websites. Certain individuals have been using the property of "Dazzle and
Shine" in ways that conflict with the wholesome image of the brand such as
adult content, nudity, profanity, slander, illegal activities, etc. that
maybe damaging to our brands, company, and maybe confused with our website
and activies on the internet and other public areas.

The specific issue with your website is that you are using the "dazzle and
shine" within the text of the page and it is picking up in the search
engines as the main content of your website. Commercially, the usage of
words to promote one's website and avoid confusion with other trademarks,
copyright, brands, and other intellectual property it is recommended to use
trade specific words related to your business, products, and brands in
promoting one's website. You may use "dazzle and shine" in the form that it
is used currently on your website of 05/14/05 as a description, however, it
should not be highlighted or used in titles to promote your website as it
may cause confusion with our brand, company, website, etc.

We will not seek any further legal action as long as you cease and desist
the use of "Dazzle and Shine" in its entirety, any varying combinations, and

similarly sounding content all within the main promoting features of your
website such as the meta tags and keywords that are ranked in the search
engines. Try using more relevant keywords to your website related to your
products, company, titles, subjects, categories, trade specific terminology
as opposed to words and other slogans within the text which are being used
by other companies that are protected under trade and copyright laws. One
way to fix the meta tags would be to not use content as the keyword, but
specify the specific keywords within the meta tags that are specific and
also more indicative of your website and products and more relevant within
search ranking on search engines.

Examples of correct usage in meta tags: meta tag=keywords keywords="igigi,
apparel, clothing, plus sizes, full figure, dresses, etc."

Sincerely,
P. J. Walden, Esq.

>Subject: RE: Trademark and Copyright Infringement
>Date: Thu, 12 May 2005 00:22:59 -0700
>
>Hello,
>
>I received your e-mail and would like to get more information on your
>trademarks and copyrights regarding the phrase "Dazzle and Shine".
>Until I do, I will continue using the phrase as is.
>
>Regards,
>Alex Brodsky
>
>-----Original Message-----
>Subject: Trademark and Copyright Infringement
>
>I am contacting your company because of your use of "Dazzle and Shine"
>on your website and marketing. I am the owner of all trademarks and
>copyrights in regards to "Dazzle and Shine" and your company is not
>authorized to use it in any public or commercial form to promote or
>advertise your products without infringing upon my intellectual
>property rights. Therefore, please cease and desist use of "Dazzle and
>Shine" and another variation or combination of its text on your website
>and other advertising methods such as text, keywords, meta tags,
>titles, descriptions, etc. Your company has two weeks to remove "Dazzle
>and Shine from your website and from the search engines that are used
>it to advertise your website before I take any further
>
>legal action to file a lawsuit to stop your use and seek monetary
>damages for your use of my trademark and copyright of "Dazzle and Shine".
>
>Unfortunately, your website was one of many that I found to be using
>"Dazzle
>
>and Shine" without authorization during my regular sweeps of search
>engines.
>
>Please do not be offended by my notification to you about this matter,
>but as owner of "Dazzle and Shine" I have the legal right to protect my
>intellectual property from other companies.
>
>

#12 · 05-15-05, 02:53 PM

OT: Trademark and Copyright Infringement (Part 2)

Has anyone mentioned that you might want to register it as YOUR trademark?
:)
Cheers
JB

#13 · 05-15-05, 03:22 PM

OT: Trademark and Copyright Infringement (Part 2)

If this is the site - I doubt anyone who has to use PayPal as their "cart"
could afford the fees associated with Trademarking. Tell pajama boy to get
a life and leave yours alone.

Leslie

>
> Sounds like it's all about the meta tags. It's also possible that
> there could be a conflict, if it's their brand name, and you're in the
> same market. I'm betting the lawyer represents these people:
>
> <A HREF ="http://www.dazzleandshine.com/about.html">http://www.dazzleandshine.com/about.html</A>
>
> Of course, you could keep the description the same, and probably throw
> off the google rank on that term by throwing an entity into the
> description... "dazzle and shine"
>
> Somebody mentioned the 100k+ hits on the phrase, but when it's quoted,
> there's under 1k. I'd bet they're going after the women's apparel
> market in particular.
>
> <A HREF ="http://www.google.com/search?q=%22dazzle+and+shine%22">http://www.google.com/search?q=%22dazzle+and+shine%22</A>
>
> --
> Bill Guindon (aka aGorilla)

#14 · 05-15-05, 03:40 PM

OT: Trademark and Copyright Infringement (Part 2)

Dear Alex,

Since you are using the "terms" in a sentence as "descriptive text", you
are not violating the Trademark.

I am not a lawyer, but I have already been through this. The owners of
FreeLotto.com tried to tell me I could not in text use descriptive text on
my YourLotto.com site tell people the "..the software allows you to run your
own Free Lotto."

They tried to say that they owned, Trademarked and Copyrighted all
combinations of the words "Free Lotto". This is like saying no one can use
the word "Windows" in a sentence because Microsoft owns the word "Windows".

Also, Trademarks are usually given for a specific category of products
and services. There are something like over 2,000 different categories.
Most companies do not apply for the Trademark for all of them because of the
cost. So, the Trademark is usually only for a limited and specific field of
services and products.

As I said I am not a lawyer, but I have been through what you wrote
about already and I am fighting the use of my Nerd Boy and is using him on
another site who stole him from my site.

Thank you,

Nerd Boy

1-573-292-1136
<A HREF ="http://www.nerdboyinc.com">http://www.nerdboyinc.com</A>
<A HREF ="http://www.doyoureallycare.com">http://www.doyoureallycare.com</A>
<A HREF ="http://www.nbicentral.com">http://www.nbicentral.com</A>
<A HREF ="http://www.crosstowntraffic.net">http://www.crosstowntraffic.net</A>
Your alternative source for Miva Merchant Modules

For Customer Service and Support:
<A HREF ="http://www.nbisupport.com">http://www.nbisupport.com</A>
or send email to: [email protected]

<A HREF ="http://www.nerdboyproductions.com">http://www.nerdboyproductions.com</A>
<A HREF ="http://www.asmallurl.com">http://www.asmallurl.com</A>
<A HREF ="http://www.nbiracing.com">http://www.nbiracing.com</A>
<A HREF ="http://www.yourlottosite.com">http://www.yourlottosite.com</A>

----- Original Message -----
From: "Alex Brodsky" <[email protected]>
To: <[email protected]>
Sent: Sunday, May 15, 2005 4:16 PM
Subject: [mru] OT: Trademark and Copyright Infringement (Part 2)

> Guys,
>
> Remember last week someone sent me an e-mail about the copyright of
> "Dazzle
> and Shine"? Well, I asked them for more proof and here is their response.
>:)
>
> Prior to changing anything on my site (it *is* a small phrase), I will
> contact my lawyer. I think they are going too far...
>
> Alex
>
> -----Original Message-----
>
> Dear Mr. Brodsky:
>
> I own all property rights of "Dazzle and Shine" and its usage from
> copyrights, trademarks, intellectual property, branding, slogans, etc. If
> you do not cooperate my lawyers will be happy to provide you with all
> other
> information required, but if you do not comply within two weeks from
> 05/14/05 we will be filing lawsuits against your company and others that
> are
>
> infringing upon my property rights not excluding closure of websites that
> do
>
> not comply with request and seeking of monetary compensation, and all
> other
> restitution.
>
> The page on your website where I found the possibly infringing material is
> on the following:
> <A HREF ="http://www.igigi.com/page/100/PROD/31351">http://www.igigi.com/page/100/PROD/31351</A>
>
> The trademark, copyright, intellectual property rights, and any and all
> other violations in reference to my property of "Dazzle and Shine" and its
> usage commercially and in public forums such as websites are related to
> our
> recent sweeps of the internet to monitor whether or not unauthorized
> websites are using it on their website or using it to promote their
> websites. Certain individuals have been using the property of "Dazzle and
> Shine" in ways that conflict with the wholesome image of the brand such as
> adult content, nudity, profanity, slander, illegal activities, etc. that
> maybe damaging to our brands, company, and maybe confused with our website
> and activies on the internet and other public areas.
>
> The specific issue with your website is that you are using the "dazzle and
> shine" within the text of the page and it is picking up in the search
> engines as the main content of your website. Commercially, the usage of
> words to promote one's website and avoid confusion with other trademarks,
> copyright, brands, and other intellectual property it is recommended to
> use
> trade specific words related to your business, products, and brands in
> promoting one's website. You may use "dazzle and shine" in the form that
> it
> is used currently on your website of 05/14/05 as a description, however,
> it
> should not be highlighted or used in titles to promote your website as it
> may cause confusion with our brand, company, website, etc.
>
> We will not seek any further legal action as long as you cease and desist
> the use of "Dazzle and Shine" in its entirety, any varying combinations,
> and
>
> similarly sounding content all within the main promoting features of your
> website such as the meta tags and keywords that are ranked in the search
> engines. Try using more relevant keywords to your website related to your
> products, company, titles, subjects, categories, trade specific
> terminology
> as opposed to words and other slogans within the text which are being used
> by other companies that are protected under trade and copyright laws. One
> way to fix the meta tags would be to not use content as the keyword, but
> specify the specific keywords within the meta tags that are specific and
> also more indicative of your website and products and more relevant within
> search ranking on search engines.
>
> Examples of correct usage in meta tags: meta tag=keywords keywords="igigi,
> apparel, clothing, plus sizes, full figure, dresses, etc."
>
> Sincerely,
> P. J. Walden, Esq.
>
>
>>Subject: RE: Trademark and Copyright Infringement
>>Date: Thu, 12 May 2005 00:22:59 -0700
>>
>>Hello,
>>
>>I received your e-mail and would like to get more information on your
>>trademarks and copyrights regarding the phrase "Dazzle and Shine".
>>Until I do, I will continue using the phrase as is.
>>
>>Regards,
>>Alex Brodsky
>>
>>-----Original Message-----
>>Subject: Trademark and Copyright Infringement
>>
>>I am contacting your company because of your use of "Dazzle and Shine" on
>>your website and marketing. I am the owner of all trademarks and
>>copyrights
>>in regards to "Dazzle and Shine" and your company is not authorized to use
>>it in any public or commercial form to promote or advertise your products
>>without infringing upon my intellectual property rights. Therefore, please
>>cease and desist use of "Dazzle and Shine" and another variation or
>>combination of its text on your website and other advertising methods such
>>as text, keywords, meta tags, titles, descriptions, etc. Your company has
>>two weeks to remove "Dazzle and Shine from your website and from the
>>search
>>engines that are used it to advertise your website before I take any
>>further
>>
>>legal action to file a lawsuit to stop your use and seek monetary damages
>>for your use of my trademark and copyright of "Dazzle and Shine".
>>
>>Unfortunately, your website was one of many that I found to be using
>>"Dazzle
>>
>>and Shine" without authorization during my regular sweeps of search
>>engines.
>>
>>Please do not be offended by my notification to you about this matter, but
>>as owner of "Dazzle and Shine" I have the legal right to protect my
>>intellectual property from other companies.
>>
>>
>
>
>

#15 · 05-15-05, 06:36 PM

OT: Trademark and Copyright Infringement (Part 2)

Alex Brodsky wrote:
>
> Guys,
>
> Thank you all for the advice! :)
>
> I guess my issue with him stems from the point that he is not willing to do
> much work on his own to optimize his site (whatever that may be) and is
> hoping to "brown-beat" others into submission. While the easiest thing to do
> is to change the phrase (5 secs of my time), I will hold my own. I am going
> to consult my lawyer who happens to be an intellectual property specialist.

I'm not sure I understand the "intellectual rights" this guy refers to.
I've heard the term from way back in my car restoring days (that was
back in the last millennium) related to cleaning up a car for show.
Just using those words in a sentence is quite commonplace, e.g.
http://groups-beta.google.com/group/...e52dbfe9dc73db
What is intellectual about putting words that you have seen elsewhere on
your website and claiming you made them up? Seems a bit dumb to me.

--
Bill Weiland A2Z Emporium Plus <A HREF ="http://www.emporiumplus.com/store.mvc ">http://www.emporiumplus.com/store.mvc </A>
Modules for eCommerce. Mail Mgr, Coupon, PayPal, Froogle/Yahoo feeds
Rate This, Gift/Wish List, Wait List Mgr, EZ Batch, Shipping & more
Online Documentation <A HREF ="http://www.emporiumplus.com/docs">http://www.emporiumplus.com/docs</A>
Question <A HREF ="http://www.emporiumplus.com/mivamodule_wcw.mvc?Screen=SPTS ">http://www.emporiumplus.com/mivamodu...vc?Screen=SPTS </A>
|

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