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  #1  
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InMotion Hosting emails us a Trademark Violation letter?


I have received the letter below from keywords{at}inmotionhosting.com

For which I had replied:

"Which keyword/s are we bidding on that's trademarked? I'm not aware of bidding on any brand specific keywords. Have you sent us this in error?"

I have not received a response as of yet. I know for sure that we do not bid on any trademarked or branded keywords so I want to know why we have received this email from InMotion Hosting in the first place. We are not and never have been a client of InMotion.


Hello,



We are writing to let you know that you are bidding competitively in multiple search engines

and shopping bots for keywords that involve the InMotion Hosting trademark or phrases related

thereto. We’re sure there was no harm meant, but this is a violation of the search engines and shopping

bots’ bidding policies, and of trademark laws.



Therefore, in order to protect InMotion Hosting’s trademark, we must ask that you cease and desist all

such bidding immediately, and notify us in writing that you have done so.



If you fail to make the changes to your bidding process, we may have to take legal action.



Thank you very much for your prompt assistance in this matter, please contact us with any questions.



Best Regards,



Trademark Team

InMotion Hosting, Inc.

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  #2  
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Ask them for proof that those keywords are trademarked if they can give you the actual words they feel is trademarked. Their are literally 1000's of keywords to use for bots for "hosting" them trademarking one of even several is a bit strange...

To me this sounds like your getting ranked higher in search results then they are and you and them are using the same key words which is not unheard of for sure...

I only live 5 minutes from their office in Va. Beach Virginia and have been their many times :-)

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  #3  
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IMHO, you best talk to a lawyer rather than ask a forum full of (mostly) non-lawyers. But InMotion Hosting does have a U.S. trademark (serial # 85187611).

I may be mistaken but...is InMotion a member here?

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@MSHMatt

I was hoping they could be specific as I have still not heard a response from them as of yet. I know for sure that I did not bid on any trademarked or branded keywords so I would like to know why I was sent this letter from them. I believe they either owe us an explanation or if sent to us in error an apology, rather then not hearing any response.

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Last edited by JixHost; 09-12-2013 at 09:30 AM.
  #5  
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I'm not paying a lawyer everytime some @sshole sends threats.
If they have an issue, they need to prove it. What you got was a generic nothing.
Life too short for BS legal threats.

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Last edited by kpmedia; 09-12-2013 at 09:43 AM.
  #6  
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They do need to be specific as to what "keyword" they claim a trademark on. The keyword InMotion is probably the only thing they would have trademarked. They may have some other business names, but again they would need to provide those to you. I just did a search on "hosting inmotion" and got ads for InMotion, but also for Google, and GoDaddy..

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  #7  
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Just add "inmotion" to the list of negative keywords in your PPC campaign. You might not be bidding on their trademarked terms but your ads might come up anyway.

For instance, if you're bidding on "hosting reviews" and someone searches for "inmotion hosting reviews", your ad can come up.

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  #8  
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I would recommend not posting legal emails on a public forum.

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Thumbs up

Quote:
Originally Posted by stablehost View Post
I would recommend not posting legal emails on a public forum.
Good advice

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  #10  
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I take it inmotion is not among your keywords?

Scaremongering?

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  #11  
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@ stablehost:

It's my understanding that in the United States all legal matters can be made public domain unless there are minors involved or specifically sealed by a judge.

@ gingir

inmotion is certainly not one of our keywords or in any of our keyword phrases.

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  #12  
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I agree with the others that they should've been more specific.

Quote:
Originally Posted by stablehost View Post
I would recommend not posting legal emails on a public forum.
That stuff should be kept private even though it can be made public. I'd just rather keep it private.

Chad

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  #13  
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Quote:
Originally Posted by JixHost View Post
@ stablehost:

It's my understanding that in the United States all legal matters can be made public domain unless there are minors involved or specifically sealed by a judge.

@ gingir

inmotion is certainly not one of our keywords or in any of our keyword phrases.
You have the right to post anything you want, this is America after all.

However, anything you post publicly (that anyone can also read) can be used against you in court.

It's just best to not go public with legal matters.

  #14  
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Quote:
Originally Posted by stablehost View Post
You have the right to post anything you want, this is America after all.
However, anything you post publicly (that anyone can also read) can be used against you in court.
It's just best to not go public with legal matters.
One of the problems with this is that it allows companies to prey on more people this way. By keeping silent, you may be doing more harm than good. When stuff like this comes out, I often notice "hey, me too!" coming from the woodwork. Maybe it's the old-school journalist in me still, but I'll go public. I refuse to be bullied by companies, and I refuse to stay silent if I think something shady is going on.

That's the decision you need to make. Keeping quiet can be the wrong move. You may not be the only victim, and there is strength in numbers.

I read an example of this just last week in The Atlantic. One of the now-disbarred law firms was suing unjustly, pressuring people into settling. They collected millions. Why did that happen? Because they all kept quiet, until one person had some balls and fought back. It was a domino effect after that. F- that.

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  #15  
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InMotion Hosting emails us a Trademark Violation letter?

It's probably best to wait for a response from them directly via email. It's very unlikely your get a response from them on WHT.

However, they should have provided you with the keywords that they believe are violating their trademark(s).

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