I have a page that deals with Webkinz-a children's toy/website. Here is the page: http://www.squidoo.com/webkinzbirthday/ Here is an email I received today from Webkinz representatives: ____________________________________________________________ Dear Janet, Thank you for your response to my September 11, 2007 letter regarding your use of our client's WEBKINZ trademark. While we appreciate that you have removed the WEBKINZ logo from the of top of your Squidoo lens, your Squidoo lens still contains uses of the WEBKINZ mark which are problematic. Specifically, you continue to use Ganz's WEBKINZ trademark to promote third-parties' products and services when they are in fact not distributed or licensed by Ganz. Referring to third-parties' products and services using GANZ trademark such as WEBKINZ Crown of Wonder, Webkinz Party Supplies, Webkinz Party Planners, and Webkinz Unicorn, Frog Webkinz, and Pink Poodle Webkinz in the Party Packs, Tableware & Decorations section of your lens is misleading. Consumers will likely believe that these products and services are somehow sponsored, affiliated, or connected with or client. Furthermore, the Make Your Own Webkinz Kinzcash section encourages your lens visitors to use Ganz's copyrighted images without authorization. Consequently, we must demand that you cease the above discussed activities, as well as any other infringing use of our client's trademark or copyrights. Please feel free to contact me if you have further questions. Regards, Kathy _____________________________________________________________ Does anyone have any thoughts on this? Am I legally required to remove all of the items she mentioned? Thanks for your advice, Janet~
More than likely you are. The page in question sure looks like you are trading on their brand name. At a minimum you are using their name as keyword to pull people to the site. You might have a defensible position if it had only been used once or twice. The cost of litgation is extremely expensive, time consuming and a great emotional burden. Of course they might just file a DCMA notice to your host and shut you down. My advice is to make certain what they want removed, then remove it, ask for a compliance letter back from them and then not repeat the mistakes.
Thanks for the response. I will rework the page and have them take a look at it. That being said, I am not using their name as keywords to pull people to the page. I am providing birthday party ideas based on their toy. I did a lot of research and it took a lot of work to put together the information on that page and they are all my ideas. I didn't just put together a page and throw their name all of it to make sales, know what I mean? Anyway, I see they definately have a point and I will do what is necessary to work this out. Thanks again. Janet~
I meant no offense and did not mean to sound judgemental. I viewed your page as a person with an open mind. I went there with no pre-conceived notions. That was my first impression. I think a judge and or jury would see it the same way. It just isn't worth the fight. Now if you want to make a parody page later that would be considered "fair use". You might still have to defend that. So really, just better to move on.
Hi Colby, Just wanted to follow up with this. I worked with the Ganz lawyers and revised my page as they requested. I asked them for a Letter of Compliance (as you had suggested) once they reviewed my page. I received a compliance letter the other day. I appreciate your advice. Since I don't have any legal expertise, I never would have thought to ask for a compliance letter, but I am glad I have one now. Thanks again, Janet~