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View Full Version : marketing campaign legal issue
isheikh 11-05-2004, 12:15 AM Hi,
I apologize in advanced if this question is in a wrong forum.
I thought someome might be able to help me out.
I make websites for small businnesses. I make their website and and fax a copy of their website to them , asking them if they want to have this website , then contact us.
When I make their website I do not exactly spell their compmay name the way it is. If the compnay name is "Intergra Inc", then I spell it "Antegra Inc".
I was wondering is there any problem in what I am doing, in other words am I doing anything illegal....
Thanks
eGuru 11-05-2004, 02:38 AM Well, I think there will be legal issues(I can't say exactly what sort of) involved if you are using some other companies name instead of for which you have developed the web site.
mdadnan 11-05-2004, 02:41 AM IMHO, If you are contacting only genuine company then its okay, no problem there. If you contact anyone beside the original company, there may be a problem.
isheikh 11-05-2004, 09:40 AM Actualy I do not use some other company's name, I just misspell their company name so that they do not complain that I have made their company's website with out their permission.
Suppose the company is "Linko" , I will then put the name "Lionk"
What about if I do make a website with the orginall name of the company (with out misspelling it), do you think that can cause a problem?
4solutions 11-05-2004, 12:08 PM It's the unsolicited fax part that worries me. You might want to checkout http://www.junkfax.org/fax/basic_info/junk_fax_qa.htm
This guy is suing and getting upwords of $2,500 A PAGE!
I get unsolicited faxes all the time for stuff and, to me, it's worse than spam because it costs me ink plus paper PLUS my time. I don't have the time to sue, but I do report all unsolicited faxes to the FCC for them to deal with. And, judging from what I read, the FCC has been getting agressive in this issue.
So I would tread lightly, my friend or you may receive a letter like this: http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3025A1.doc
Good Luck! ;)
isheikh 11-05-2004, 02:17 PM Thanks, I guess I never thought in terms of unsolicited fax. I am in in Canada and only deal with Canadian businesses, so I guess I will have t check Canadian laws regarding unsolicited faxes.
Anyhow suppose I do not fax, suppose we just drop a flyer at their office or by send it by mail, but my question is , is it legal to make somone 's website with their company name showing with out their permission or suppose some doctor's or accountants website with his or her name showing?
Lubeca 11-05-2004, 02:29 PM Junk faxing is illegal here in the UK too (as it's theft of the recipient's resources - just like spam). I'd be surprised if it was legal in Canada.
Using the post should be fine!
As for putting your prospects names (or something similar) on what you produce... I suggest you check with a Canadian lawyer, I doubt anyone here will be able to give you a definitive answer. But why don't you just put something generic like "company"?
Dave Zan 11-05-2004, 04:41 PM You should definitely seek legal advice.
BTW, why fax when you could've saved the website's look as a
.MHT in IE, then email it to your client?
isheikh 11-05-2004, 05:32 PM I wanted to use the actual name because it is more eye catching compared to Generic name. But I think I will play it safe and use some Generic name.
The reason I thought of fax because emails people delete it right away with out even reading it. Fax they atleast look. And if they see their copmanys website picture it will be really eye catching... But i guess I will play it safe here also and not fax them.
Dave Zan 11-05-2004, 05:43 PM If that's the case, just email them saying you'll send a copy of the
website design in your next email. Tell them to watch for it with
the subject line "name, here's your website copy...".
You get the drift. But save a copy of the sent email, too. ;)
elecso.com 11-06-2004, 09:18 PM well faxing like this in canada is illegal....
and when you misspell.. may be there is another company like the name yo misspelled... :)
so its better... that you write... "YOUR COMPANY" or may be short form of it...
also do seek some help from legal community... :)
isheikh 11-07-2004, 10:14 AM you are right , i am sure faxing like this will be illegal in Canada too.
As far misspelling is concerned, If I do I will do it in a way that no one else will have that name. Like turning "John Assocaites " in to "Johhnn Assocaites" or "Rogers Auto" into "RRogger Auto"
and mention it to them that name has been misspelled purposely.
So they don't think how unprofessional we are can not even spell them the name right :-)
isheikh 11-12-2004, 11:02 AM To my surprise I found out in Canada laws are different. According to (CRTC) Canadian Radio-television and Telecommunications Commission
Unsolicited commercial faxing is permitted in Canada
if received between the hours of 9:00am and 9:30pm on weekdays, or between10:00am and 6:00pm on
weekends. The fax must identify the sender by name,address, phone numberand fax number.
Also the person or organization sending the fax
must have a "do not call" list. You can contact the sender and request that your number be removed from their calling list. They must do sowithin 7 days of your request, and they must ensure it remains off their list for 3 years.
If the sender does not comply with these regulations, the phone service used to send the faxes may be suspended or terminated by the phone company.
Lubeca 11-12-2004, 01:08 PM While unsolicited faxing may currently be permitted in Canada (though for how much longer I wonder?) do bear in mind that a lot of people resent getting unsolicited faxes and that the majority of unsolicited faxes go straight in the bin. If you want to sell use postal mail, not fax.
isheikh 11-16-2004, 10:41 PM you are right , mailing is more affective, atleast person opens the letter and see what is inside......
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