Use of Trademark and Copyright Material

[trigate]

I am currently setting up an internet marketing strategy for a widget firm. They are a manufacturer of widgets, and supply them to various distributers. Recently, they have decided that they would like to take more serious control of their internet presence.

A search on Google and eBay showed that there are several people selling these widgets on the Internet, and using both copyrighted and trademarked material of the firm, without permission. It should be noted that these are unique widgets without a like product available.

The distributers for the widget firm have not been granted the right to use promotional or advertising material (although there maybe an implied right). But there is definitely no agreement between the internet sellers and the widget firm to use this promotional material. It has been confirmed that these firms are not authorized resellers of the product.

Because the market on the Internet has a wide variance in price (some advertised for basically the cost of the product) the widget firm would like to consolidate this medium and get some handle on the people dumping the product (especially since these widgets have a shelf life, and the dumped product is most likely expired or close to it).

Does the widget firm have the right to make these internet distributers to stop using the copyrighted / trademarked material? Can they send a letter to cease and desist or at least make sure they register to become licensed users of the material? We would like to maintain tight control over the brandname.

Sorry for the long winded post, but I don't know how to explain the situation better than this, in fewer words (unless I was to eliminate this disclaimer)..

[bcolflesh]

Easy answer - talk to a lawyer.

[Webwork]

I'm a lawyer.

Read this: [webmasterworld.com...]

[trigate]

I understand that it is obviously best to speak with a lawyer before taking any action. Without question, if I am to proceed I will make sure to consult with legal council. But the reason for posting is to address this question to other business minds whom may have experianced an identical or similar circumstance.

Basically, if my position has merit, I will then proceed to a lawyer for a more definitive answer, but I thought the use of a public forum would allow others in a similar business to share their experiances. Call me cheap, but I would like to know if I am barking up the wrong tree before forking out $XXX per hour to an advocate.

It was not meant to irk lawyers, but rather spark conversation around a particular copyright question. Your input though is not falling upon deaf ears, and it is appreciated. Best Regards.

[Symbios]

although there maybe an implied right

I suspect more widgets have been sold as a result of these companies selling them, if the widget company is that concened why not stop supplying these widgets.

From your posts it sounds to me that you would rather the sales came directly from the widget company in order to crank up profit, if you follow this route you could alienate resellers and damage sales to the widget business as many of the larger sites that sell everything from blue widgets to space widgets will take your products off of their sites (or maybe its ok for them).

Threats and bully boy tactics against sites using your content to promote sales of your product is a bit lame IMHO.

Legalities aside if you hope to remove every other site from the SERPS trying to sell your widgets using your trademark 'right impied' content using a lawer I very much doubt that your site would go straight to the top if you start bullying other SEO's.

I'm against stealing content myself, but using widget suppliers information about widgets in order to promote them on sites is another matter.