Man I love attorneys… I got a letter from Dale Mohlenhoff today, letting me know that “my website” uses the phrase CREDIT AFTER BANKRUPTCY somewhere. Since American Debt Foundation has a registered service mark for that phrase, it is his belief that consumers are confused that when they are on “my site”, they think they are on American Debt Foundation’s site.
Let’s take a moment and forget the fact that Dale forgets to actually mention what the address or domain (or even name) of the offending site is… but even if he had, considering I don’t have any sites that have anything to do with bankruptcy, I think it should be interesting for them show the following in a court of law:
“…imitation of a registered mark in connection with the sale, offering for sale, distribution, or advertising of any goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive…”
I looked up the service mark, and it has to do with “Conducting workshops and seminars in the fields of financial education, bankruptcy information, and credit re-establishment and credit acquisition as well as audio and video tapes.” Maybe I should put up a poll on Digital Point Solutions to find out how many people using ISP billing software or free webmaster tools thought they were actually attending a bankruptcy seminar or purchasing audio tapes. heh
Another interesting thing about this letter, is it keeps referencing an enclosed attachment that doesn’t exist. Maybe the opened envelope is the attachment? {shrug} Maybe he should get a job with Winn and Sims. Oh well, whatever… at least it gives me something to yammer about on my blog. haha