OT: Trademark and Copyright Infringement (Part 2)
I'd bet a hundred bucks that dazzleandshine.com is who you're dealing with.
holy cow! Did you read their FAQ?
It's long and threatening. Especially read the section titled "Intellectual
Property". I've never seen a store say "We warn all our visitors"...we'll
sue you!
sigh...
> -----Original Message-----
> From: [email protected]
> [mailto:[email protected]]On Behalf Of Alex Brodsky
> Sent: Sunday, May 15, 2005 9:01 PM
> To: [email protected]
> Subject: RE: [mru] OT: Trademark and Copyright Infringement (Part 2)
>
>
> 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 guess it is a principle of things - I never bullied and will not stand
> others doing it to me. Once I know where I stand legally, I will
> respond in
> kind.
>
> I will let you all know what's going on. I am sure a number of you have or
> will face something similar.
>
> Cheers,
> Alex
>
> -----Original Message-----
> From: [email protected]
> [mailto:[email protected]] On Behalf Of Nerd Boy Help
> Desk
> Sent: Sunday, May 15, 2005 4:40 PM
> To: Alex Brodsky; [email protected]
> Subject: Re: [mru] 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.
> >>
> >>
> >
> >
> >
I'd bet a hundred bucks that dazzleandshine.com is who you're dealing with.
holy cow! Did you read their FAQ?
It's long and threatening. Especially read the section titled "Intellectual
Property". I've never seen a store say "We warn all our visitors"...we'll
sue you!
sigh...
> -----Original Message-----
> From: [email protected]
> [mailto:[email protected]]On Behalf Of Alex Brodsky
> Sent: Sunday, May 15, 2005 9:01 PM
> To: [email protected]
> Subject: RE: [mru] OT: Trademark and Copyright Infringement (Part 2)
>
>
> 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 guess it is a principle of things - I never bullied and will not stand
> others doing it to me. Once I know where I stand legally, I will
> respond in
> kind.
>
> I will let you all know what's going on. I am sure a number of you have or
> will face something similar.
>
> Cheers,
> Alex
>
> -----Original Message-----
> From: [email protected]
> [mailto:[email protected]] On Behalf Of Nerd Boy Help
> Desk
> Sent: Sunday, May 15, 2005 4:40 PM
> To: Alex Brodsky; [email protected]
> Subject: Re: [mru] 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.
> >>
> >>
> >
> >
> >
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