thats pushing it! Doesn't give a good name to Espotting..
I wonder how much they are paying for that
good on them. Overture should have snapped it up when they could.
The professional businessman in me says 'thats bad - tut tut, some people, huh'
The anarchist in me says 'nice one, guys, thats a stinger'
Now, that's BAD
Domain Name: OVERTURE.CO.UK
Registered For: Overture Limited
Domain Registered By: UK2NET
Registered on 24-Apr-1999.
Long before Overture.com thought about the name!!
It is the shop itself that is probably beaking the law here, not Espotting being devious. Although the audio shop has a clear right to use the name in the audion world, the word "Overture" in the serch engine world is clearly owned by you know who. Therefore, by advertising Espotting at Overture.co.uk, the shop is misrepresenting or "passing off". UK law is more specific than you might think, and I would doubt that the audio shop at Overture would in if Overture the search engine were to try to put an injunction on them.
I woudl imagine that even Espotting would be a little upset at this, as it puts them in a bad light - as seen by the majority of this thread.
Lessons for us all.
>> I woudl imagine that even Espotting would be a little upset at this
Officially, yes. Off the record, I bet they chuckle about it. Especially with the traffic I bet they do through that site
>> Therefore, by advertising Espotting at Overture.co.uk, the shop is misrepresenting or "passing off"
You reckon? They have the Limited name registered, apparently before GoTo made the change. If that is the case, THEY have a stronger case in UK law for suing Overture for nicking their corporate identity (precedent can count for a lot) and there is nothing to stop them putting a PPC box on their site. If that happens to be an Overture competitor, so be it. I don't know when the Espotting box went on, but if that happened BEFORE the GoTo/Overture change... there would be absolutely no case to answer
If Overture.com had the nous God promised a worm, they would have made overture.co.uk an offer they couldn't refuse to place their own box there.
My sympathy is limited.
>don't know when the Espotting box went on, but if that happened BEFORE the GoTo/Overture change
No, I'm sure it's rather fresh. Visited the site accidently before - no Espotting box.
seems to have been removed now!
back on now
I've not seen this. What was it showing before?
It was a banner ad from espotting saying "If your looking for Europe's largest search engine follow this link" or something along those lines!
Almost any website can become an espotting affiliate. So Overture.co.uk has the same name as Overture UK, it doesn't mean they aren't entitled to become an espotting affiliate!
Which means Overture the hi-fi dealer is making a nice little 15% or whatever on all click throughs, he gives to E-spotting.
Good on him!
Given that Overture recently stated that it is allowed for companies to bid on competitors names, I think this shot is fine!!! In fact I will go further and suggest that Espotting bid on the key term 'Overture' on Overtures PPC scheme. Now that would test them. Seriously though its an audio web site and they should have the freedom to advertise what they like. If Overture don't like it then they can buy the URL or advertise on the site instead.