bootcampguy
Well-Known Member
No-one will bite the hands that feed them...........................
FTD Brand Protection
- Thread starter pdxdoug
- Start date
No-one will bite the hands that feed them...........................
Did a little digging on this issue....
Interflora (also owned by FTD) is currently suing Marks & Spencer (UK store) for trademark infringement because M&S was bidding on 'Interflora' as a keyword. Interflora asserts that once Google began allowing companies to bid on it's trademarked name, their own cost rose $750,000 for the keyword 'Interflora'. Read more.
On a similar note, 1-800-Contacts is suing a competitor for failing to use negative keywords. As you'll read in the article, 1-800-Contacts is well known for its trademark litigation. The article asks:
Interflora (also owned by FTD) is currently suing Marks & Spencer (UK store) for trademark infringement because M&S was bidding on 'Interflora' as a keyword. Interflora asserts that once Google began allowing companies to bid on it's trademarked name, their own cost rose $750,000 for the keyword 'Interflora'. Read more.
No wonder they want other bidders out of the equation.
On a similar note, 1-800-Contacts is suing a competitor for failing to use negative keywords. As you'll read in the article, 1-800-Contacts is well known for its trademark litigation. The article asks:
At any rate, lots of money is going to lawyers....
Eric S
Demoted Webmaster
I wonder if I created an ad that said
Everyday Flowers
We are not FTD but we
still deliver flowers.
Would that still count?
I see some new gutsy ads today but I'm not going to draw any attention to them.
I think its unfair that FTD does not include negitive key words for (FTD florist online) so that their FTD.com ad doesn't show up above the FTD florist online ad. The FTD website shows for #1 on PPC and organice results.
They are clearly trying to keep the traffic going to FTD.com versus the FTD florist online site.
I think a discount on paid advertising should be in order for the FTD members that are listed on the FTD florist online website. What a waste of money.
Everyday Flowers
We are not FTD but we
still deliver flowers.
Would that still count?
I see some new gutsy ads today but I'm not going to draw any attention to them.
I think its unfair that FTD does not include negitive key words for (FTD florist online) so that their FTD.com ad doesn't show up above the FTD florist online ad. The FTD website shows for #1 on PPC and organice results.
They are clearly trying to keep the traffic going to FTD.com versus the FTD florist online site.
I think a discount on paid advertising should be in order for the FTD members that are listed on the FTD florist online website. What a waste of money.
BOSS
FlowerChat Administrator
Y'all keep fill'n ya hear.... they are positioning you right where they want you...
One thing, if Eric is not a member of FTD does the keyword battle apply to him? Or just to their florist "affiliates"...
duanermb
New Member
I'd like to write up an official sounding letter to them stating we are "Dragonfly Flowers Brand Protection" and that they should use negative keywords so that they don't come up when someone searches for us.
dhamil6490
Active Member
I received the same message by UPS mail. Here's my response. Feel free to us it if you want:
September 21, 2010
Mr Jon R Burney
EVP and General Counsel
FTD
3113 Woodcreek Drive
Downers Grove, IL 60515
Re: Your Cease and Desist/Notice of Infringement dated Sept 17, 2010, received by me on Sept 21, 2010 by UPS
Dear Mr Burney,
I have reviewed your letter alleging a trademark infringement in my Google AdWords campaign. Let me assure you it was never my intention to associate my shop with FTD in this campaign. In fact, I have done everything in my power to dis-associate my shop from FTD.
After reviewing the screen shot you enclosed, I find it hard to believe that FTD can claim a Google search result page as its own property. It is not a proprietary website owned by FTD. It is a commonly available, non-proprietary search result. If anything, it belongs to Google. Further, I don't believe all of the other sponsored links on that screen shot or the rest of the associated pages in the search from which the screen shot originated are associated with FTD, so I expect you will be contacting any and every business that ever shows up on any page in any other Google search. I'm sure you will contact the FrontoTemporal Dementia people to advise them of their infringement of the FTD mark. Clearly you have attempted to reach beyond your legal rights. You think you can control the advertising campaigns of small business owners through intimidation and I find that thoroughly disgusting and petty, but consistent with FTD's past actions. If the FTD mark is so “famous” and such a household term, then it clearly outshines any other trademark or business name, and the appearance of my ad in this non-proprietary search result should be of no consequence. I should also point out that my ad does not contain the FTD mark or indicate in any way that I am associated with FTD. Further, you have not done everything in your power to protect the FTD mark as it appears in your own letterhead without the registration or TM mark.
I have no intention of having my website listed in any list of FTD florists. If my website appears in any list owned by FTD of FTD-associated florists or in connection with any FTD product, then I hereby demand that you remove it. If it appears as such, it is there without my permission, and constitutes a violation of my rights.
While it's against my better judgment, I modified my Google AdWords campaign today as you suggested by adding a negative broad match for FTD. This was done in good faith and to the best of my ability. As no reliable tech support is available for Google AdWords, I can only assume it will have the intended effect. I made the enclosed screen shot after having made the modification. As you can see, my ad did not appear. In fact, no ads appeared.
I find it disturbing that your company would devote sizable resources to threaten a single florist on questionable grounds for an unintentional action. It shows me how desperate your company is. You can rest assured that I find no value in being associated with your company.
Sincerely,
Daniel Hamilton, Owner
Blumen Garten Florist
September 21, 2010
Mr Jon R Burney
EVP and General Counsel
FTD
3113 Woodcreek Drive
Downers Grove, IL 60515
Re: Your Cease and Desist/Notice of Infringement dated Sept 17, 2010, received by me on Sept 21, 2010 by UPS
Dear Mr Burney,
I have reviewed your letter alleging a trademark infringement in my Google AdWords campaign. Let me assure you it was never my intention to associate my shop with FTD in this campaign. In fact, I have done everything in my power to dis-associate my shop from FTD.
After reviewing the screen shot you enclosed, I find it hard to believe that FTD can claim a Google search result page as its own property. It is not a proprietary website owned by FTD. It is a commonly available, non-proprietary search result. If anything, it belongs to Google. Further, I don't believe all of the other sponsored links on that screen shot or the rest of the associated pages in the search from which the screen shot originated are associated with FTD, so I expect you will be contacting any and every business that ever shows up on any page in any other Google search. I'm sure you will contact the FrontoTemporal Dementia people to advise them of their infringement of the FTD mark. Clearly you have attempted to reach beyond your legal rights. You think you can control the advertising campaigns of small business owners through intimidation and I find that thoroughly disgusting and petty, but consistent with FTD's past actions. If the FTD mark is so “famous” and such a household term, then it clearly outshines any other trademark or business name, and the appearance of my ad in this non-proprietary search result should be of no consequence. I should also point out that my ad does not contain the FTD mark or indicate in any way that I am associated with FTD. Further, you have not done everything in your power to protect the FTD mark as it appears in your own letterhead without the registration or TM mark.
I have no intention of having my website listed in any list of FTD florists. If my website appears in any list owned by FTD of FTD-associated florists or in connection with any FTD product, then I hereby demand that you remove it. If it appears as such, it is there without my permission, and constitutes a violation of my rights.
While it's against my better judgment, I modified my Google AdWords campaign today as you suggested by adding a negative broad match for FTD. This was done in good faith and to the best of my ability. As no reliable tech support is available for Google AdWords, I can only assume it will have the intended effect. I made the enclosed screen shot after having made the modification. As you can see, my ad did not appear. In fact, no ads appeared.
I find it disturbing that your company would devote sizable resources to threaten a single florist on questionable grounds for an unintentional action. It shows me how desperate your company is. You can rest assured that I find no value in being associated with your company.
Sincerely,
Daniel Hamilton, Owner
Blumen Garten Florist
dhamil6490
Active Member
Just another thought: we should search every FTD website and look for words and phrases that can be copyrighted. By doing this we could force FTD to stop using keywords important to the industry.
Eric S
Demoted Webmaster
Thanks for sharing your letter.
I wasn't even going to reply but I think reading your letter it would be in my best interest to reply not only to acknowledge that I have taken the necessary action but to point out other reasons to protect my business and family.
I wasn't even going to reply but I think reading your letter it would be in my best interest to reply not only to acknowledge that I have taken the necessary action but to point out other reasons to protect my business and family.
bootcampguy
Well-Known Member
BOSS
FlowerChat Administrator
I guess maybe I'll get one too for using **not FTD** even though that should make it clear we're not...
Love the search result though, I guess Kremp and Wesley are not FTD either... wonder if they got letters...... see screen shot
Eric S
Demoted Webmaster
Heads up.
Looks like FTD could be using their PPC powers and focusing on Mobile Search results
Can't do a screen shot but this is the second day that I have noticed different results on my Ipad versus my computers at home and at the shop.
Its always good to keep an eye on your competion!!
Looks like FTD could be using their PPC powers and focusing on Mobile Search results
Can't do a screen shot but this is the second day that I have noticed different results on my Ipad versus my computers at home and at the shop.
Its always good to keep an eye on your competion!!
Snapdragon Studio
Well-Known Member
AWESOME! I love it... the irony is fantastic. I'm not even a b&m floral shop and it pisses me off.
Eric -
Mobile is an entirely different beast that desktop search. The spammers and OGs have been having their way with it and wrapping my brain around the whole thing makes me feel lost. It's like starting over.
Wish I knew how to take screen shots from my iPhone, 'cuz consumers are getting really lousy results for 'local'.
Don't forget that G 'knows' who you search for so they serve you the same results. Try a clean machine with a new IP for your customary searches.
Mobile is an entirely different beast that desktop search. The spammers and OGs have been having their way with it and wrapping my brain around the whole thing makes me feel lost. It's like starting over.
Wish I knew how to take screen shots from my iPhone, 'cuz consumers are getting really lousy results for 'local'.
Don't forget that G 'knows' who you search for so they serve you the same results. Try a clean machine with a new IP for your customary searches.
anytimeflowers
Linda
Ahh.....well that explains a few things.
Cathy, you? Lost? Naw, say it isn't so. I literally felt depressed when I read that, we count on you!
I had a customer in my store showing me a really cool app on his bb. He told me it would zero in on his exact location. We showed up in Bangladesh!
Cathy, you? Lost? Naw, say it isn't so. I literally felt depressed when I read that, we count on you!
I had a customer in my store showing me a really cool app on his bb. He told me it would zero in on his exact location. We showed up in Bangladesh!
Can you believe I got a C&D from FTD today? We've been testing Google's Boost and their placement of the ad lands it on FTD keywords. (Our Adwords campaign will never show for anything with FTD in the query.)
Boost does not allow us to choose negative KWs, so I'm not sure how I can actually 'fix' this.
Am working on a blog post about this but it's pretty snarky at the moment so I'm not sure it will ever be published.
Boost does not allow us to choose negative KWs, so I'm not sure how I can actually 'fix' this.
Am working on a blog post about this but it's pretty snarky at the moment so I'm not sure it will ever be published.
BOSS
FlowerChat Administrator
I wonder how many other florists got the same letter? I'd bet it's more than a few...
Big bullies~!
Big bullies~!
steve
Well-Known Member
Well eventually I can't believe that with the laws we are getting passed in some states that Google and this ad word program will not find themselves in the middle of legal action. That program causes trade mark infrigments
I got this same stupid email from FTD regarding the PPC ads. I have a keyword bid on "plano florist" and when they enter "FTD florist" my ad pops up. I replied very tersly and their slime department, uh I mean legal department, called me to try to talk me into negative keywords. I told him NO and when he threatened suit I told him to do what he had to do but he didn't have a leg to stand on (and my blood pressure was very high by then so I'm not sure what I may have called him). Luckily we got rid of FTD years ago. After researching around the net, I am further convinced they have no dog in this hunt, just trying to scare everyone and lower the costs on their own PPC campaigns. Google has responded to this complaint via url http://www.google.com/support/forum/p/AdWords/thread?tid=495c1515380ee89c&hl=en. Of course Google's response is not a legal response but it speaks to their beliefs and policies. When Honda can't get Toyota to quit using Honda in their keywords, I'm certain any court would throw this out as a frivilous lawsuit. It would just cost time & money. Luckily my partner & better half is also a lawyer and she loves to travel. But in all honesty, this is just low down dirty scum #!%%&* especially when they try to do it to their own members. Hang in their as we are on the right side and it will be the winning side.