My company uses Google AdWords to let potential IRONPORT customers know that a lower cost alternative exists. (FCC calls this a comparative ad. It is legal and encouraged: http://www.ftc.gov/bcp/policystmt/ad-compare.htm)
This has earmarked me as a target for IRONPORT.
I am sure they tried to pull my ad and at least six others using Google's (offline) trademark resolution policy; and I am certain that they were denied because this use of their name does not create confusion in the marketplace.
Instead, here's the letter I got:
April 26, 2004
EXPRESS MAIL
Jeffrey Aguilera
Chief Executive Officerd
Red Condor, Inc.
340 Tesconi Circle, Suite B
Santa Rosa, CA 95401
Re: IronPort Systems, Inc.---Trademark IRONPORT
Our file 60063-0014
Dear Mr. Aguilera:
We represent IronPort Systems, Inc., of San Bruno, California in trademark and intellectual property matters and are writing to you regarding your arrangement for certain internet search services and sites to use the term "IRONPORT" to advertise services that you offer on the internet at the domain RedCondor.com.
IronPort is the owner of U.S. Trademark Application No. 78/188,013 for IRONPORT, which has been successfully examined by the U.S. Tradmark Office. IronPort provides email security devices and email delivery devices that have developed a well-deserved reputation for high performance and ease of use. Its mark IRONPORT is distinctive of its products and services and is a stong mark. Having extensive use and exposure in the marketplace, IronPort has acquired substantial and valuable goodwill in the IRONPORT mark, and has accrued valuable rights that are enforceable under Federal law.
We have learned that searches using the Google searcg service and possible other services, using the term IRONPORT as the sole search term, causes these services to display an advertisement, "AdWord sponsored link," or other sponsored link that identifies you and the following link to your site http://www.RedCondor.com/welcome/.
You are unrelated to IronPort and are unauthorized to use the mark IRONPORT to identify your products and services. Individuals who select www.RedCondor.com after searching for IRONPORT with the foregoing search services and web sites may be confused into thinking that your company, web site, productsm or services are sponsored, licensed or authorized by IronPort. Accordingly, by using or contracting for use of IRONPORT with these search services, you are likely to cause confusion or mistake among consumers with respect to the source of your products and services, or you may tend to dilute the distinctive character of IronPort's mark. These actions constitute trademark infringement directly or by contribution and dilution of IronPort's rights under state and federal law. Your infringement may result in IronPort sufferring loss of clients of business, loss of goodwill, and other intangible but definite harm, at a cost that we are presently investigating. This infingement must cease immediately.
To protect the value and distinctiveness of the mark IRONPORT, IronPort is legally required to, and actively does, police its intellectual property rights. Therefore, we demand that you immediately:
* contact Google and any other site with which you have a contract for advertisements, AdWords, sponsored links, or the like, and request such parties to immediately modify their records so that any search under the term IRONPORT alone ceases to trigger display of any advertisement, AdWords, sponsored links or the like referring to you;
* confirm in writing to me that you have done so; and
* refrain from entering info any similar contract forever in the future.
We further demand that you take all the foregoing actions by May 7, 2004. If you elect not to accede to these requests or response, we may take other action to protect IronPort's rights, including legal action, without further notice or communication. You may address any questions about this matter to me at (408)414-1080, x207.
Very truly yours,/s/
Craig G. Holmes
Enclosure/CGH
Slashdot Mirror
Not all stocks can be shorted: http://www.sec.gov/spotlight/keyregshoissues.htm or http://www.sec.gov/divisions/marketreg/mrfaqregsho 1204.htm
Options are only available for a small fraction of securities.
Smart spammers would choose securities that cannot be counter-manipulated.
My company uses Google AdWords to let potential IRONPORT customers know that a lower cost alternative exists. (FCC calls this a comparative ad. It is legal and encouraged: http://www.ftc.gov/bcp/policystmt/ad-compare.htm) This has earmarked me as a target for IRONPORT. I am sure they tried to pull my ad and at least six others using Google's (offline) trademark resolution policy; and I am certain that they were denied because this use of their name does not create confusion in the marketplace. Instead, here's the letter I got: April 26, 2004 EXPRESS MAIL Jeffrey Aguilera Chief Executive Officerd Red Condor, Inc. 340 Tesconi Circle, Suite B Santa Rosa, CA 95401 Re: IronPort Systems, Inc.---Trademark IRONPORT Our file 60063-0014 Dear Mr. Aguilera: We represent IronPort Systems, Inc., of San Bruno, California in trademark and intellectual property matters and are writing to you regarding your arrangement for certain internet search services and sites to use the term "IRONPORT" to advertise services that you offer on the internet at the domain RedCondor.com. IronPort is the owner of U.S. Trademark Application No. 78/188,013 for IRONPORT, which has been successfully examined by the U.S. Tradmark Office. IronPort provides email security devices and email delivery devices that have developed a well-deserved reputation for high performance and ease of use. Its mark IRONPORT is distinctive of its products and services and is a stong mark. Having extensive use and exposure in the marketplace, IronPort has acquired substantial and valuable goodwill in the IRONPORT mark, and has accrued valuable rights that are enforceable under Federal law. We have learned that searches using the Google searcg service and possible other services, using the term IRONPORT as the sole search term, causes these services to display an advertisement, "AdWord sponsored link," or other sponsored link that identifies you and the following link to your site http://www.RedCondor.com/welcome/. You are unrelated to IronPort and are unauthorized to use the mark IRONPORT to identify your products and services. Individuals who select www.RedCondor.com after searching for IRONPORT with the foregoing search services and web sites may be confused into thinking that your company, web site, productsm or services are sponsored, licensed or authorized by IronPort. Accordingly, by using or contracting for use of IRONPORT with these search services, you are likely to cause confusion or mistake among consumers with respect to the source of your products and services, or you may tend to dilute the distinctive character of IronPort's mark. These actions constitute trademark infringement directly or by contribution and dilution of IronPort's rights under state and federal law. Your infringement may result in IronPort sufferring loss of clients of business, loss of goodwill, and other intangible but definite harm, at a cost that we are presently investigating. This infingement must cease immediately. To protect the value and distinctiveness of the mark IRONPORT, IronPort is legally required to, and actively does, police its intellectual property rights. Therefore, we demand that you immediately: * contact Google and any other site with which you have a contract for advertisements, AdWords, sponsored links, or the like, and request such parties to immediately modify their records so that any search under the term IRONPORT alone ceases to trigger display of any advertisement, AdWords, sponsored links or the like referring to you; * confirm in writing to me that you have done so; and * refrain from entering info any similar contract forever in the future. We further demand that you take all the foregoing actions by May 7, 2004. If you elect not to accede to these requests or response, we may take other action to protect IronPort's rights, including legal action, without further notice or communication. You may address any questions about this matter to me at (408)414-1080, x207. Very truly yours, /s/
Craig G. Holmes
Enclosure /CGH