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04-22-2009, 10:53 PM
Default Trademark Infringement

Hey Everyone,

Trademark infringement - be careful of your content.

I received by mail, a certified letter from a company that stated that my article directory had published several articles that used a trademarked phrase.

The letter was from a well known company and started with "We are writing concerning an urgent and serious matter -- your unauthorized and improper use of our famous XXXX trademark.".....

I'm not going to go into a lot of detail but it freaked me out to say the least. I've deleted all the articles that used this trademarked phrase and emailed the author telling them about the certified letter and that I deleted the offending articles. I went on to say that I'd delete their account and remaining articles if they continued to use this, or any trademarked phrase.

Like I said, very scary to say the least. It really made me realize the importance of protecting yourself with a business entity such as a s-corp or an LLC. These business entities are necessary to separate yourself and your personal belongings from your online business. Without this protection all your personal belongings are fair game if you are sued for any wrong doing within you business.

Just a word of warning. Don't take this lightly it could potentially cost you everything you've worked hard to build up.

I've since calmed down and am going to take this a lot more serious than I have in the past.

Thanks,

Jason:

Last edited by jbolte1976; 04-22-2009 at 10:55 PM.
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04-22-2009, 11:23 PM
Default Re: Trademark Infringement

I just had a similar experience concerning the graphics on my blog. I was contacted by an entity that said my header looked too much like their copyrighted logo. They asked me to change it since I wasn't licensed to use it.

I thought I had a pretty good argument that the image I was using wasn't that close to their logo, but I thought it best to just comply instead of trying to take on a big organization like that. I'm sure they have better lawyers than I do.
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04-23-2009, 12:20 AM
Default Re: Trademark Infringement

It's scary when you encounter this. My thoughts were the same... comply and not stir it up any. I guess I should get used to this type of thing and just protect myself the best that I can.

Jason
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05-22-2009, 06:09 PM
Default Re: Trademark Infringement

Trademark Infringement: My update:

Like I stated previously I received a letter from a pretty big company (certified letter to boot) to remove the content on my article directory that was infringing upon their trademarked word / phrase.

I deleted all the articles that used this word in a manner that they felt could potentially cost them profit. I then sent them a typed letter stating the offending articles had been removed and I gratuitously apologized for the trademark infringement.

I shortly received a letter back stating they were very happy with my quick response and that they were very sensitize to the fact that web site owners may not be aware of such offending content on their sites.

Needless to say I was relieved by their response.


To me this just re-affirms the need for all of us to treat our Internet Marketing business as real businesses. This doesn't matter if your just dabbling or planning on starting an online empire

Something I ran across in the WF "War Room" was a freebie for those who wanted to utilize a LLC business entity for a business. This was basically a check list and a collection of links that give you all the necessary state documents to create a recognized LLC business entity.

If you're unfamiliar with what an LLC is it's simply this: An LLC exists as a separate entity much like a corporation. Members cannot be held personally liable for debts unless they have signed a personal guarantee.


Without this or a similar business setup, your personal belongings, retirement, home, savings, etc. can be open game if you are sued by a customer or another company.

I've since taken advantage of this war room special and have filed all the necessary paperwork to create an LLC.

The cheapest quote I received a while ago for an attorney to set up a LLC was $700 plus any state fees ($135 for ND).

My plan is to have all this paperwork in hand and have an attorney review to make sure I've covered all the bases. This will probably cost me an hour of their time (probably $100 - $200).


*Do your own due diligence I'm not giving any legal advice here*


Anyway, please keep this in mind when your working on starting your online business and if you've been in the game for some time, you should consider protecting yourself. You owe it to yourself and your family.



JB

Last edited by jbolte1976; 05-22-2009 at 06:10 PM. Reason: one to many beers
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05-23-2009, 01:41 PM
Default Re: Trademark Infringement

Hi Jason,

I'm so very glad to read that you checked into a business license. I saw that post in the war room, and was going to send you a PM about it the other day but forgot to get that done.

An LLC license is the best way to go, and by you filling the paperwork out yourself and filing it, it will be much cheaper.

As you recommended, I would get a lawyer to check everything over before they file for this type of license though. This way they can catch anything you may not have thought about.

Shortcuts are good, but you have to know which ones you can trim some of the fat off so you don't hang yourself.

Good post btw!
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