I received the document below today after running an ad though Google Adwords network on sites such as JPost.com.
The ad was to attract people’s eyes using a familiar and respected name, and a company which has similar goals as my own in finding people in Israel a parnasa.
I hope that one day, some other site flatters me in such a way as to compare themselves to me. In the meanwhile, I’ll take the compliment that **company** finds JobShuk as some sort of threat to their reputation or future. Let it be known that I hold no ill-will, although I will be a little more cautious using their Name, and I will gladly do business with **company** in the future if they so desire. I can understand their uneasiness, not for any reasons listed, but that a link to JobShuk.com contained the name of another web site.
The point has been made, I apologize, and this and all similar ads have been removed.
The offending ad:
**company** 4 freelancers
Attract new customers worldwide
for English-speaking Israeli Biz
JobShuk.com
The legal cease & desist:
To: Jobshuk.com Per email and Registered Mail
c/o Zvi Landsman
cc: Zvi Landsman Per email and Registered Mail
cc: Jerusalem Post Per email
cc: **company** Per email
Date: November 6, 2007
Re: Trademark Infringement
Dear Sir:
My client, **company**, is the owner of the well-know name **company**. As you are no doubt aware, **company** is the name used to identify the Registered **company** Not-for-Profit organization (Reg. No. 58-041-123-9) and its website located at http://www.**company**.net. and other domains bearing the name **company**.
**company** has used and actively promoted its **company** name for a number of years and has invested considerable time and money establishing an excellent name among the job seekers in Israel. As a result of its efforts, the **company** name has become very well known and a property right of incalculable value.
It has come to my client’s attention that you have used, without **company**’s permission or authorization, the name **company** (the “Name”) in an advertisement on the Jerusalem Post web site dated November 5, 2007 (the “Advertisement”). Please note that your use of the Name incorporating the famous **company** name in its entirety constitutes trademark infringement, confusion, dilution, and bad faith.
You should know that an advertisement misappropriating the name or trademark of another entity creates the potential for substantial dilution, blurring, tarnishment and consumer confusion, because an Internet user reasonable may because of the Advertisement assume that my clients’ services and name are connected to your services and Jobshuk.com.
Accordingly, my client demands that you agree to the following:
Immediately discontinue any and all use of the **company** name in the Advertisement;
Remove the Advertisement from all web sites, including but not limited to the Jerusalem Post web site.
Immediately and permanently refrain from any use of the term **company** or any variation thereof that is likely to cause confusion or dilution; and
Inform **company**, in an email to info@**company**.net (i) of the measure that you have taken in this regard; and (ii) agreeing not to use any names, trademarks or copyright owned by **company** without the advance written consents of **company**.
Given the seriousness of this matter and the potential damages, my client requests receiving a written response from you before Thursday night, November 8, 2007, 23:59 PM local Israel time.
If my client does not receive confirmation of the compliance of the above mentioned four demands by Thursday night, November 8, 2007, 23:59 PM local Israel time, we will recommend to our client that it takes the necessary legal steps to protect its rights and to seek any damages your unauthorized use of the name **company** has and/or could cause my client.
Sincerely yours,
Congratulations!
It is good that your site is being taken seriously by the “field”.You just got off and running.
The big guys, who have been around for a while, are flexing muscle, trying to intimidate you. Your positive response of being “on the radar” and viewing their legal harassment as a positive event is laudible.