FTD Brand Protection

I have done more digging and came across a recent case in Utah. Of course FTD is still rattling their sabers and claiming I mis-read this case entirely but you be the judge. The link to the .pdf is https://ecf.utd.uscourts.gov/cgi-bin/show_public_doc?2007cv0591-267 and the quotes below are on page 32. From what I am reading in the case, the florists who received letters from FTD may have a case for a class action lawsuit. The following is a portion of the letter I sent bringing this case to their attention:
As I stated in our conversation, metroflowerdelivery.com is not in any way violating the “FTD” trademark. Your attempt to bully the competition is useless. There is no trademark issue here as ‘FTD’ is not specified in any of my ads, keywords, or website, thus no customer can be fooled into thinking I am with ‘FTD’.

This exact issue was addressed in a recent suit filed by 1-800-CONTACTS, INC vs LENS.COM, INC, IN THE UNITED STATES DISTRICT COURT, DISTRICT OF UTAH, CENTRAL DIVISION, MEMORANDUM DECISION AND ORDER Case No. 2:07-cv-591 CW Judge Clark Waddoups presiding with a ruling of December 14[SUP]th[/SUP], 2010, where the court held
“ It is beyond dispute that a competitor cannot be held liable for purchasing a generic keyword to trigger an advertisement that does not incorporate a holder’s mark in any way, even if that competitor’s advertisement appeared when a consumer entered a trademarked search term. ”
“Were Plaintiff actually able to preclude competitor advertisements from appearing on a search-results page anytime its mark is entered as a search term, it would result in an anti-competitive, monopolistic protection, to which it is not entitled.”

If you continue to harass my business, I will be forced to pursue this matter through proper legal channels.
 
Further digging

I have done more digging and came across a recent case in Utah. Of course FTD is still rattling their sabers and claiming I mis-read this case entirely but you be the judge. The link to the .pdf is https://ecf.utd.uscourts.gov/cgi-bin/show_public_doc?2007cv0591-267 and the quotes below are on page 32. From what I am reading in the case, the florists who received letters from FTD may have a case for a class action lawsuit. The following is a portion of the letter I sent bringing this case to their attention:
As I stated in our conversation, metroflowerdelivery.com is not in any way violating the “FTD” trademark. Your attempt to bully the competition is useless. There is no trademark issue here as ‘FTD’ is not specified in any of my ads, keywords, or website, thus no customer can be fooled into thinking I am with ‘FTD’.

This exact issue was addressed in a recent suit filed by 1-800-CONTACTS, INC vs LENS.COM, INC, IN THE UNITED STATES DISTRICT COURT, DISTRICT OF UTAH, CENTRAL DIVISION, MEMORANDUM DECISION AND ORDER Case No. 2:07-cv-591 CW Judge Clark Waddoups presiding with a ruling of December 14[SUP]th[/SUP], 2010, where the court held
“ It is beyond dispute that a competitor cannot be held liable for purchasing a generic keyword to trigger an advertisement that does not incorporate a holder’s mark in any way, even if that competitor’s advertisement appeared when a consumer entered a trademarked search term. ”
“Were Plaintiff actually able to preclude competitor advertisements from appearing on a search-results page anytime its mark is entered as a search term, it would result in an anti-competitive, monopolistic protection, to which it is not entitled.”

If you continue to harass my business, I will be forced to pursue this matter through proper legal channels.
 
I am convinced that there is more than one class action lawsuit opportunity. Do the customer service operators at FTD.com imply or flat out assure customers that they are speaking to an employee at the actual shop? Yes they do, and I have had more than one angry customer call me about a .com order who swore that she talked to the girl "in my shop on Sunday" I am not open on Sunday.

Does Teleflora market to customers who use my website for TF.com? Some members of this board claim they have proof this happens.

Did the dove network have a malfunction and overload your order queue Valentine's Day 2010? I had a Fromyouflowers.com order that locked down my entire system for 4 hours on V-Day (thank God it was on a Sunday that year). I have talked to 4 shops who had the same problem, but TF is saying it didn't happen.

Does Bloomnet give out your phone number to angry customers on major holidays claiming that they sent you an order even though they didn't?

Do any number of OGs blame your shop for non-delivery or claim that your shop attempted delivery even though you do not fill for those OGs?

I am not a lawyer, but IMO these are all grounds for a class-action.
 
  • Like
Reactions: anytimeflowers and CHR
Maybe florist need to start advertising on their website they are NOT members of FTD, TF etc and specifically stating "compare our products and services to FTD, TF etc and save$$, get better quality, no fees etc". This is NOT trademark infringment and is common. If you go to any major retailer and look at their store brands, they will say "compare to xxxx brand" The small print will denote that the xxxx brand is a protected trademark of the respective company and not owned by the store. It is perfectly legal as a fair use exception because you are noting the trademarked brand for identification purposes only.

I think I will talk to my lawyer and find out exactly what wording I will need to use and what small print will be needed. I will probably have him draft a "go blow" response letter for the brand protection lawyers.

That should REALLY help with the google searches!



Won't that just piss em off!
 
  • Like
Reactions: anytimeflowers, KABERS and autj
You must log in or register to reply here.
Top Bottom
Back