3 ms·
I wonder if you could threaten them with a cease & desist over a trademark violation? (Is there an argument to be made that they are illegally using your trade
by colanderman 12y ago
I wonder if you could threaten them with a cease & desist over a trademark violation? (Is there an argument to be made that they are illegally using your trademark to market their service by association?)
Would be interested to hear from someone with a legal background about this.
- Niksko 12y agoSounds plausible. IANAL, but I know there are similar protections for somebody's likeness. As in, you're not allowed to use somebody's likeness to endorse a product without their consent. I can't see why the same wouldn't go for using somebody's trademark to endorse a product without the trademark owner's consent.
- ubernostrum 12y agoLike I said, it's something I've investigated. Best I can tell as a non-attorney acting on advice from others, the way in which they advertise their services could be easily confused as implying a financial relationship with organizations or individuals with whom they do not have a (consenting) financial relationship. Where to go from there is an open question. The bigger question, as always with such things, is whether they cause enough annoyance to be worth lawyering them, and whether playing whack-a-mole -- since they're not the only "service" which does this -- would be a prudent way to spend time and money.
- jacques_chester 12y agoI'd broaden my response to go after services they rely on, starting with github.
- gnud 12y agoGithub TOS G10: You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages. https://help.github.com/articles/github-terms-of-service/#g-general-conditions https://help.github.com/articles/github-terms-of-service/#g-...