FTD Brand Protection

Can anybody tell me how to take my own screenshots? I have no idea how to do it, but it would appear that FTD and many others should be getting the same letter from MY attorney!

I find Jing to be fabulous for screen shots, capturing screen activity as a movie, and annotating screen captures. http://www.techsmith.com/jing/free/

They have a free version, and the Pro version is $14.95 / year.
 
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BOSS's Quote of the day!

(what a great week. I recieved my first summons and now I have recieved my first cease and desist letter. )
Well there ya go, welcome to the club ;)... been a while for me, but I remember the trembling in my knees....

One has to wonder... with all the negative advertising being done these days, as evidenced by the Advocacy Groups attack on McDonalds and other arenas, mostly political, is why have none of the BIG3 gone on the attack...toward each other and not local florists...

Guess they are letting ProFlowers and others carry the negative torch...
 
I find Jing to be fabulous for screen shots, capturing screen activity as a movie, and annotating screen captures. http://www.techsmith.com/jing/free/

They have a free version, and the Pro version is $14.95 / year.
Also from Techsmith, SnagIt works very well too...easy simple, screen shots, movies, scrolling windows...includes editing and other stuff...
 
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Well I just had to find out what all the stink was.

As you can see in this report from my access logs FTD search traffic using the term FTD is just huge.

I wish I could show you the bounce rate but then I would have to show a little too much info with you guys.

Man using that negitive key word will actually save me some money compared to the actual orders i recieved from the FTD search term. 0 orders!!

http://www.everydayflowers.net/FTD-Search-Terms.pdf

Tell me what you guys think. Does FTD really have to worry about me coming up for FTD search terms or is there something else they are worried about.

Also I was trying to figure out why there was nothing in September on this report.

Thats because no one came to my website for the month of september typing in FTD search terms.
 
Hold everything.

Is there a way to add a negitive keyword to stop my website from coming up FTD florist tustin, ca?

I still might get sued if I continue to come up in the organic search...
 

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Tell me what you guys think. Does FTD really have to worry about me coming up for FTD search terms or is there something else they are worried about.

The more people are using the negative matching, the fewer competitors - direct and indirect - there will be for the CPC bidding. This move may cost FTD a few stamps and a few hours of legal time, but they are going to save a bunch in PPC costs if they can knock out some competing bids.
 
Eric,

Do you really think they could sue you for coming up in an organic search? I would not think so, since Google is probably showing you first because you match most of the search criteria.

I of course don't know this for a fact, but the only way you could avoid coming up in that particular organic search would be to put negative keywords for all of the search criteria, which would of course kill you - not logical and my opinion would be that they would not have a chance at sueing for that.
 
Eric,

Do you really think they could sue you for coming up in an organic search? I would not think so, since Google is probably showing you first because you match most of the search criteria.

I of course don't know this for a fact, but the only way you could avoid coming up in that particular organic search would be to put negative keywords for all of the search criteria, which would of course kill you - not logical and my opinion would be that they would not have a chance at sueing for that.

No, they can't sue you for coming up in organic results, and no ... there really isn't much you can to to prevent appearing in organic results.
 
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No, they can't sue you for coming up in organic results, and no ... there really isn't much you can to to prevent appearing in organic results.

You sure about that? I was just joking but who knows where this could start and end.
 
Here is todays screen shot.
We now have Florist.com (AKA FTD) using Deal Taker to create a coupon page.
I have to keep cleaning up the search results and will have to create a coupon page for Everyday Flowers tonight.

Because you know I can't afford a high paying lawyer yet!!
 

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Here is some more info.

Notice people bidding on other brands in all of these links. Google states that they serve alternatives in their little playground.

HP bidding on Xerox

http://www.google.com/search?q=xero...s=org.mozilla:en-US:official&client=firefox-a

Also notice Epson bidding on keyword HP.

http://www.google.com/webhp#hl=en&e...l=&oq=hp+p&gs_rfai=&pbx=1&fp=334fd24029d43054

and Apple is bidding on Dell. Etc!!!

http://www.google.com/webhp#hl=en&e...q=dell+com&gs_rfai=&pbx=1&fp=334fd24029d43054

And, basically all the info you need is here!

http://www.out-law.com/page-9997


People have fought and lost against this. FTD's fight is with Google, not us. Too bad guys.
 
Anyone who received this letter???? Maybe this is the time that SAF should get involved with some legal advice????

I didn't get one yet, but I'll make the call if you guys want me to.

http://www.safnow.org/content/view/276/149
Legal advice -- phone consultation with an experienced small-business attorney.

Added, if this is proven to be false, I would be in for paying for an ad in 2 or 3 magazines that calls them out on playing dirty pool.

I would hope that if fully proven to be just limiting competition that the word gets out that we should ALL be bidding on those keywords and stick it to them.
 
To my knowledge, NO ONE has won a trademark infringement lawsuit against Google or a competitor targeting company name keywords via AdWords - thought lots have tried.

IF you make your ad look as if YOU ARE the company, there would be a legit beef. Otherwise, there's no confusion on the part of consumers. Read the outcome of a lawsuit by Rosetta Stone regarding trademark infringement. This ruling came just last month.

IANL, but this smacks of FTD trying to intimidate florists so they can buy keywords cheaper and eliminate any competition.
 
IANL, but this smacks of FTD trying to intimidate florists so they can buy keywords cheaper and eliminate any competition.
Say it ain't so..... they wouldn't do that would they?

Of course most florists that are not connected to FlowerChat would not have all the information and would simply heed the warning (shot)...
 
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To my knowledge, NO ONE has won a trademark infringement lawsuit against Google or a competitor targeting company name keywords via AdWords - thought lots have tried.



IANL, but this smacks of FTD trying to intimidate florists so they can buy keywords cheaper and eliminate any competition.

This is exactly what I was thinking when I first read Doug's post, and especially when Eric's showed up. Many, many florists are probably going to recieve this letter as FTD litigators work their way across the country.

I see membership fees rising to pay for all of this......and FTD will claim that this is to "help" member florists. This is going to be the other side of the coin in anything SAF or a group of us would have to address. FTD is definitely going to paint a picture of protecting their "partners".

There is no doubt in my mind that they are doing this to limit competition which smacks of monopoly. And THAT is illegal. The intimidation of other businesses who offer the same goods and services is reprehensible, and reminds me of gangster tactics.

Clearly FTD understands that most of these were un-intentional or they would not have had the negative keywords part in their letter. They understand that FTD to the consumer is much like Kleenex or Scott Towel. It is just an name that people use in a generic sense, and they could not care less whether or not it is FTD or FDS. (My little joke, I'm amazed at how many people come in and ask me if I "Do FDS).

FTD knows this which is why they are trying so hard to rid themselves of competition.