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What can I do about a competitor using our brandname

         

james gulliver

1:34 pm on Feb 4, 2003 (gmt 0)

10+ Year Member



i have recently come across a competitors sit that has gateway pages that help to drive traffic to there site using my clients brand names. who should i tell to get them knocked off the listings?

korkus2000

1:36 pm on Feb 4, 2003 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



You should contact the engines directly to report spam. If you go to the engines site they have info on how to report them.

james gulliver

1:39 pm on Feb 4, 2003 (gmt 0)

10+ Year Member



how long does this take?

heini

1:40 pm on Feb 4, 2003 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



What Korkus said. Also, if brand names are involved you might consider talking with a lawyer. That's an area where qualified legal advice is a must.

>long
James, that differs from case to case. Make sure to also visit the sections at Google and Fast dedicated to DMCA issues.

[edited by: heini at 1:41 pm (utc) on Feb. 4, 2003]

Macguru

1:40 pm on Feb 4, 2003 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



>>how long does this take?

Years.

agerhart

1:43 pm on Feb 4, 2003 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Honestly, this is what I think:

- If it is a matter of brand names and copyright issues, get lawyers involved if it is necessary.

- If your competitor is using "naughty tricks" and has not yet been caught.......They have beaten you for the time being. They may be caught soon and removed or penalized.

To counterattack, you can either:

1) Report them to the search engines
2) Not report them and work on building and optimizing your site the right way.
3) Start using risky techniques to beat them.

james gulliver

1:45 pm on Feb 4, 2003 (gmt 0)

10+ Year Member



DMCA what does that mean?

where on MSN will i find to report this?

heini

1:48 pm on Feb 4, 2003 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



DMCA = Digital Millennium Copyright Act
[alltheweb.com...]

korkus2000

1:50 pm on Feb 4, 2003 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Are your client's brand names registered?

james gulliver

1:53 pm on Feb 4, 2003 (gmt 0)

10+ Year Member



for example lets say the company i work for is called

"Dogs Back Wheels"

but are referred to in the market place as "DBW"

i have found this in the metatags of competitors sites, can i do anything. should i contact them directly?

also the company has brand names such as "Very Big Paws" and VBP is also present in the metatags.

though this isnt as blatant can i have a winge?

rogerd

1:54 pm on Feb 4, 2003 (gmt 0)

WebmasterWorld Administrator 10+ Year Member



James, try to determine whether the listings are paid listings, e.g., via Overture. The PPC vendors are typically much faster to respond to complaints about trademark infringement than spidering search engines.

korkus2000

1:55 pm on Feb 4, 2003 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



>>"Very Big Paws" and VBP

But are these registered as trademarks?

Nick_W

1:57 pm on Feb 4, 2003 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Shouldn't imagine theees much you can do if they are just putting 'DBW' in the meta tags.

Meta tags account for zilch anyway, maybe they are just beating you because their sites are better optimized or because of what rogerd said: PPC

Nick

heini

2:03 pm on Feb 4, 2003 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Not so sure about the metas, Nick. There have been cases where the judge decided putting registered (to others) brandnames in meta tags was not allowed.

brotherhood of LAN

2:07 pm on Feb 4, 2003 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member Top Contributors Of The Month



>meta

especially if its the copyright meta ;)

>report em
I think some people also try contacting the competitor in question, give them one chance sorta thing, before you go looking to do damage to their listings.

james gulliver

2:46 pm on Feb 4, 2003 (gmt 0)

10+ Year Member



have contacted one compnay they were totally unaware.

told them i was looking into it to see where we stand and i think they are going to remove the references anyway as they dont know if its legal.

They were told by there web developers that it they had like products bit is a good way to get into the market place. i agree with that statement but it still doesnt make it legal. If you were to do this using another marketing medium you would instantly talking solicitors. I dont think company's really know where they stand.

Nick_W

3:42 pm on Feb 4, 2003 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



There have been cases where the judge decided putting registered (to others) brandnames in meta tags was not allowed.

I didn't know that but, I can certainly beleive it! - I really meant the 'xyz' shortened names assuming they were not thrademarked but, reading James last post it all looks like it will turn out all right afterall ;)

Nick

Rumbas

10:38 pm on Feb 4, 2003 (gmt 0)

WebmasterWorld Administrator 10+ Year Member Top Contributors Of The Month



>there have been cases

MANY cases. Even here in Denmark Nick.

Bottom line: Do not put keywords of brands, competitors and phrases that you have nothing to do with anywhere on your site. Saves a lof of trouble if you get caught. Using competitors names and brands will get you caught.

Crazy_Fool

11:38 pm on Feb 4, 2003 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



if the brand names are trademarks, then best not to go asking people to remove the references straight away. you'll need a lawyer and you'll need proof of the other companies using your trademark names, the number of pages, the rankings they got in search engines, how long the pages carried your brand name (check archive.org) etc etc. get printouts of every web page with source code. estimate how much traffic they got through each page.

then go see a lawyer saying you think the other companies are "passing off" by using your brand name to take traffic that should be yours and make sales that should be yours. the lawyer will tell you if you have a case or not, will write to search engines for you (if you want him to) and will write to each company concerned (if you want him to).

seoRank

9:24 am on Feb 5, 2003 (gmt 0)

10+ Year Member



The competitors probably thought they can get away unnoticed with their little trick. I would suggest you send them a strong letter that you are considering legal action. Most likely, they will see their weak legal position and back off.

This will probably save you lots of time and legal fee to get the result you really want - that they should not ride on your clients brand.

james gulliver

5:13 pm on Feb 5, 2003 (gmt 0)

10+ Year Member



As i said i have spoke to one of the compnaies and plane to talk to more about this.

i dont want the aggravation of legal proceedings so i will warn them verbally as i really dont know for sure whther i have a leg to stand on.

some of the companines are not only using my brand names but they are spamming at the same time and not getting caught.

the cheek of it is what annoys me.

im busy ratting them out as we speak