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I am new to this site and I'm only here because I can't get anyone to reply to my requests. I checked on the status of my report of abuse and it states that it has been resolved, but it hasn't. Our company is the owner of a trademark "Model Graphics" and the open directory is listing a direct infringer on our trademark. We have already contacted this company and they have agreed to cease and desist but I can't get anyone to get this link out of this system. The link is listed at Shopping/Recreation/Models/Railroad/Accessories/Model Graphics. How can I get this illegal link removed?

Callimachus · September 9, 2004

The best way is fo the company to submit an update to their listing using the link at the top of the category (when they changed their name should have submitted an update for their listing). The next best option is for you could contact them, and ask them to submit an update request.

These are the best ways because it more closely assures that the change is done on the behalf of the site owner.

Less desireable but also possible ways are to send a feedback to the category editor, or the first editor you encounter above the category if it doesn't have one and see if they will change it or wait and see if someone with the capability to edit in that category comes across your post here and is willing to change it.

As for the illegality of the name, that's between you and the other firm.

spectregunner · September 9, 2004

In short, the answer is simple: ODP is not involved in law enforcement. That simply means that enforcement of trademark issues is between your company and the company that you claim is infringing upon your trademark.

jefft · September 9, 2004

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.

spectregunner · September 9, 2004

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.

jefft · September 9, 2004

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.

spectregunner · September 9, 2004

contact the legal department at AOL/Time-Warner

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.

jefft · September 9, 2004

Yes, the site is http://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?

ishtar · September 9, 2004

You're in luck. Since the name change on the site was obvious, I went ahead and changed it to Highball Graphics.

jefft · September 9, 2004

Thanks gentlemen, I guess I should have started in this forum over a week ago and I would have spent less time stressing about this. You saved me much grief and I'm very appreciative:)

jeanmanco · September 9, 2004

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 · September 9, 2004

Will it take a few days to update all the sites that draw on the directory:

http://www.searchbug.com, dir.ansme.com,http://www.shoppingtarget.com, directory.google.com and many, many more?

Thanks

dogbows · September 9, 2004

They update whenever they update, we have no control over when search engines do their updates.

ishtar · September 9, 2004

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.

jeanmanco · September 11, 2004

#572 dealt with, thanks.

jeanmanco · September 11, 2004

#585 and 586.

http://www.dirussostrings.com works fine for me now. The others have been dealt with by another editor, thanks.

jeanmanco · September 11, 2004

#587 dealt with, thanks. Changes will not show immediately on the public side.

jeanmanco · September 11, 2004

#589 - the first link was removed immediately and second link on 04/Aug/2004 by another editor, thank you.

jeanmanco · September 11, 2004

#600 and #601 - These were picked up by our link-checker on 05/Aug/2004. Thanks for letting us know anyway.

jeanmanco · September 11, 2004

#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]

659 [done]

666 [done]

[Edited to update]

jeanmanco · September 11, 2004

#602 dealt with, thanks.

#603 - kereds was removed from the Directories category on 25/Aug/2004.

#604 - I have just given it a new title and description and moved it to the appropriate category, thanks.

#605 dealt with, thanks.

jeanmanco · September 12, 2004

#609 dealt with, thanks.

#610 is being followed up, thanks.

jeanmanco · September 12, 2004

#614 - Site works fine for me now, but thanks for the alert.

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