Thanks, but I don't want to contact the company unless I have to. At least I'm getting some kind of feedback here. This illegal exposure is geometrically compounded by the multiple users of these directories. I've tried every feedback port on this site and no one will reply to me. In response to spectregunner, once you have been notified that an infringement exists and have been given sufficient time to respond to the notifiers request, you are willfully infringing and can be held liable if you do not remove the reference. It does not matter if you are the company using the infringing mark or the retailer selling the product or the website hosting the manufacturer's information.
Report Hijacks, Dead Links, Inappropriate DMOZ Content, and other issues here ONLY
spectregunner
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- 8,768
I'm not sure what country's law you are referring to, but, US Copyright law makes a clear distinction between infringers and innocent third parties. (I may be the only ODP editor with a drawer full of rubber stamps saying: Trademark Violation. )
There is no way that once could realistically suggest that a directory is the infringer in this case.
Think of us the way you would think of a library. If someone writes a book that infringes on your copyright, you go after the book publisher and author, not the library that stocks the book. Nor, would any court allow you to pursue a library or bookseller without first seeking remedy from the infringer.
Regardless of what you or I say: if you believe that we have some sort of legal obligation in this matter, have your legal department contact the legal department at AOL/Time-Warner. We are not going to be able to reach resolution on this matter in this fourm.
There is no way that once could realistically suggest that a directory is the infringer in this case.
Think of us the way you would think of a library. If someone writes a book that infringes on your copyright, you go after the book publisher and author, not the library that stocks the book. Nor, would any court allow you to pursue a library or bookseller without first seeking remedy from the infringer.
Regardless of what you or I say: if you believe that we have some sort of legal obligation in this matter, have your legal department contact the legal department at AOL/Time-Warner. We are not going to be able to reach resolution on this matter in this fourm.
This is U.S. Trademark Law and you are an innocent third party until you are notified of the infringement. Once notified, if you continue to publish the illegal mark beyond a specified cease and desist date, you are infringing. We have already pursued the infringer and received a satisfactory agreement.
If I can't find someone reasonable enough here to see that the continued marketing of this company's product under our trademark is wrong, I guess I will have to contact your legal department. Unfortunately, dmoz makes it very difficult to determine who the owners are and provides no contact information. In addition, even though the site is registered by Netscape/AOL, they quickly distance themselves from dmoz and will only provide the resource-zone.com as a contact. Something stinks here.
If I can't find someone reasonable enough here to see that the continued marketing of this company's product under our trademark is wrong, I guess I will have to contact your legal department. Unfortunately, dmoz makes it very difficult to determine who the owners are and provides no contact information. In addition, even though the site is registered by Netscape/AOL, they quickly distance themselves from dmoz and will only provide the resource-zone.com as a contact. Something stinks here.
spectregunner
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Those are the people your legal department needs to provide notice to.
There is not a court inthe land that would accept a forum posting as a legally binding infringement notification.
Just out of curiosity, did your "satisfactory agreement" involve having the infringer rename or readdress the use of your mark on their website, and if so, did they make the changes?
Because, if they did make the changes and the content of the website has changed, and Update URL request will result in an editor re-looking at the site.
We won't change the site title/description because you are in a legal tiff over the trademark, but would we would change the site title/description if they no longer reflect the content of the site. I hope you appreciate the distinction.
Yes, the site is www.mgdecals.com. They were formerly known as Model Graphics but are now known as Highball Graphics. All references to our trademark have been removed from their site since July of 2000.
I do appreciate the distinction, but I can't get anyone to respond. Do you have another way of making the request that will achieve the desired outcome?
I do appreciate the distinction, but I can't get anyone to respond. Do you have another way of making the request that will achieve the desired outcome?
jeanmanco
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Re Highball graphics
Jefft - Actually that site is a mirror of another site listed in the same category, so it has now been removed. It is fortunate that you brought the name change to our attention.
The change will not be immediately visible on the public side.
Jefft - Actually that site is a mirror of another site listed in the same category, so it has now been removed. It is fortunate that you brought the name change to our attention.
The change will not be immediately visible on the public side.Will it take a few days to update all the sites that draw on the directory:
www.searchbug.com, dir.ansme.com,www.shoppingtarget.com, directory.google.com and many, many more?
Thanks
www.searchbug.com, dir.ansme.com,www.shoppingtarget.com, directory.google.com and many, many more?
Thanks
Thank you jeanmanco, I just noticed that it was a mirror.
It will take several days to several years to never for those sites to update. We have no control over them. You'll have to contact them each individually to get them to remove or change the listing.
item 677 is done.
It will take several days to several years to never for those sites to update. We have no control over them. You'll have to contact them each individually to get them to remove or change the listing.
item 677 is done.
jeanmanco
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#585 and 586.
www.dirussostrings.com works fine for me now. The others have been dealt with by another editor, thanks.
www.dirussostrings.com works fine for me now. The others have been dealt with by another editor, thanks.
jeanmanco
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#517 - The listing seems appropriate enough to me.
Still open I think:
602 [done]
603 [done]
604 [done]
605 [done]
609 [done]
610 [in process]
614 [done]
618 [done]
624 [done]
639 [done]
640 [done]
641 [done]
642 [done]
644 [done]
647 [done]
649 - Kids and Teens.
651 [done]
652 [done]
658 [done]
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[Edited to update]
Still open I think:
602 [done]
603 [done]
604 [done]
605 [done]
609 [done]
610 [in process]
614 [done]
618 [done]
624 [done]
639 [done]
640 [done]
641 [done]
642 [done]
644 [done]
647 [done]
649 - Kids and Teens.
651 [done]
652 [done]
658 [done]
659 [done]
666 [done]
[Edited to update]