Notice to all Members
In response to my previous post yesterday, and to further the post from Ryan above, I have been asked to inform you of the following information:
On April 29, 2008, legal counsel for Provide Commerce, Inc, the legimiate owners of the name "ProFlowers" and "ProFlowers.com" , served on The Bloomery Florist a request to
Cease and Desist/Notice of Infrigement for Federal trademark violations.
"ProFlowers" and "Proflowers.com" are registered to and owned by Provide Commerce, & are protected under US Federal Trademark laws (known as the "Lanham Act"). The Bloomery Florist allegedly did not have Provide Commerce's permission to use or reference these terms in their Video or in their blogs websites or other materials, and thus violated Provide Commerce's rights under Federal Law.
The Bloomery Florist has agreed to comply with the Cease & Desist request and is in the process of removing all materials. Thses tasks should be completed later today.
I would urge all FC members and other interested parties to:
1. Remove permanently all links from your website to this video, and any other blog or website that you may have also linked to it.
2. Refrain from using your blogs or websites or videos to cast disparaging comments about a competitor. As competitors, we cannot use a Competitor's tradmarked name, logos, or trade dress in a way that would intentionally lure away or harm that competitor for our own gain.
Further, I have asked that Ryan close this thread from further posting. There is nothing to be gained from any further posts here.
Should you need further clarification of what I have posted (the condensed version), I would suggest that you first google the Lanham Act, and especially read the short version posted under
www.copylaw.com. His legal write-up is very clear & concise and should answer most questions.
Let me state that I am not an attorney, and cannot offer legal advice.
I offer this posting not as an attorney, but as a Friend of the Bloomery's. This posting should not be construed in any way to constitute legal advice. This is simply my statement and understanding of the facts, as they were related to me, and what options were available to them.
Your co-operation with the above requests is greatly appreciated!
Sincerely,
Cheryl Bakin - Parkway Florist
Pittsburgh, Pa.