Take a look at: http://www.rfcexpress.com/lawsuit.asp?id=54558 It's quite funny that they think that the names used on the sales pages are the actual real names of vendors. I've seen the name Vincent Cincinelli used on a stack of CB products, each with a different photo hehehe. I also believe TonySanders is a member here?
lol~ do u think tony sanders is his real name? I don't think so . BUT.... the court can get his real name and contact all these in his clickbank account...
This is really nasty... makes you think twice about abusing the name of a trademark weather you're a vendor or an affiliate.
Complete non-sense. I don't see how these guides harm them or their business in any way. Poor vendors.
The problem is that some vendors don't put much thought in before stealing a name, and picture for use. When I googled a potential vendor's name for a friend of mine - (the video game niche) "vendor" name popped up as an accredited appliance salesman! This guy had dozen's of pages on his expertise with appliances, and the fool vendor stole the man's name, and also used his (the repairman's) picture! - the same one shown on the CB sale's page. That's identity theft, as the repairman has several legitimate sites touting his appliance wisdom, while some goof is shamelessly promoting him as a video game repairman, selling products that don't do much of what they say they do. At the very least it's libelous.
Guides are still for sale, looks like first judge declined it an it has been reassigned, no lawyer here , just a guess. 3/18/2010 6 Main 1 Declination to Proceed Before a U.S. Magistrate Judge $0.99** Purchase: 3/19/2010 7 Main 1 Clerk's Notice of Impending Reassignment $0.99** Purchase: 3/19/2010 8 Main 1 Order Reassigning Case $0.99** Purchase: 3/25/2010 9 Main 1 Clerks Notice $0.99** Purchase: 3/25/2010 1 8 Standing Order
@Hopeless4 - are you sure the repairman didn't authorise for his details to be used? He may of even written the material and allowed his name to be used - either for a flat fee, or for a profit share. I know a lot of products at least start like this, and especially some of the green energy products were put together this way - by vendors getting in touch with industry experts and striking a deal to use their content or to have them write something specific. But generally I believe the lawsuits are for using trademarked brand names without authorisation, and probably for keeping using them despite warnings
One of the reasons they're are being sued for is because they're infringing their trademarked brand name and logos. Using trademarked terms such as: Farmville, Mafia Wars etc... in the domain name is not allowed. Furthermore, they aren't allowed to use the logos as well. If they had a name like FarmSuperstar.com and didn't have any logos of farmville on the site, they would be okay. Also, a number of affiliates are being sued as well, not only vendors. Affiliates that have a infringing domain names for their review sites.
I think they have just wastes their time and money. I very much doubt they will get anything from the Vendors and affiliates infact they might even get sued back. Check this out http://uk.gamespot.com/news/6146692.html I while back a WoW guide seller was threaten to be sued by Blizzard seems like he turned around and sued them back. lol
Actually It's a serious offense. Zynga is trying to protect their brand. It's a very clear case, these vendors are infringing trademarked names and logos. Zynga is a massive company worth several hundred million dollars (yes.. that is: $XXX.XXX.XXX) They won't have any problems going through the lawsuit and spending a few thousand dollars on the lawsuit. I think they're trying to set an example with this lawsuit, that people shouldn't infringe their tradermarked brand names. Zynga had an interesting lawsuit a while ago, They sued the company that made Mob wars, which was a copycat product of Mafia Wars. Zynga got around $7.000.000 from the lawsuit.
I don't think so Submp3s. While there is no court case on the issue I speak of: The repairman's name, and picture that is being used - literally takes up the entire first page of results when you Google his name. I was actually researching this name, because a friend of mine is seeking to get into the affiliate game, and has no marketable experience to go with the big boys. So he found a game repair guide on CB, supposedly sold by a 10 year repair vet. I could go on, and on with the details the sales page touted (I understand some BSing is necessary - especially with CB products). So to see if there was any truth to this "10 year repair veteran" I Googled the name, to find that the picture, along with the name all belonged to a guy with: Forums, free informational articles, repair sites, etc - none that were spammy at all either. Each of his sites all talking about his work fixing appliances, warning people about various models, and inviting locals to bring their appliances to his store for repair. I very much doubt a man who is using the web to help people, as well as his store-front business - would authorize his picture to be used for an unrelated CB product. While I understand what the vendor is doing, I think his judgment was off, as this could hurt the "legitimate" owner of the name and photos' reputation and business. The fear of a lawsuit, and payouts being yanked was enough for me to caution my friend away from this vendor. It isn't hard to make up a name, take a picture of a friend, or passerby on the street if that's your thing. I know this isn't 100% the same issue the OP referred to, but just a general observation of how you have to research these vendors a little, before going into business with them, and on their behalf.
I think they're trying to set an example with this lawsuit. "TonySanders" is a fake/pen name. If he opened his CB account under his business name, then this whole "lawsuit thing" is a joke.
I wish people who knew nothing about the law would stop posting in this thread. Using another company's TM and images to promote a product is a very serious offense. These vendors could potentially (and realistically) lose thousands or tens of thousands of dollars each.
so why does clickbank approve all these products at the first place? Did they check the products by human or use program to check?
They approve them because they know they're untouchable and the vendor is going to be the one in trouble while they make lots of money. It's all about the benjamins baby.
Is it safe to promote Farmville secrets niche ebooks? I don't understand .... what's the opinion of CB in this issue?
CB will probably stop approving them in the near future if it all gets too legal. There are already many products that are not allowed because they're known to cause trouble with copyright/trademark infringement.
If It was in the Legal part of the the forum I woudnt.. But since its here its more of a open discussion