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I have a commercial website which is my only source of income; someone has 'borrowed' my website name and is running a wordpress.com blog using my name - and on a related topic so it looks like it is bona fide.( My website is NOT ivebeenspammed.com by the way! - I would prefer to keep the identity of that - and my hardwon reputable name - out of the blogosphere!) Is there anything I can do?
The blog I need help with is ivebeenspammed.wordpress.com.
You could start with this:
http://en.support.wordpress.com/report-blogs/
The blog you describe apprears to be violating TOS:
http://en.wordpress.com/tos/
[a blog is OK if it] is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
Thanks 1tess.
The TOS you quote appears to be pretty clear. However when I checked the link you gave (report/blogs) I find I'm not sure what to do - what category does this fall under? - it looks like the only redress I have is to post a comment on the blog itself. And as I have been trading online for 5 years, the blogger must have known of my presence and therefore is ignoring the rules and is unlikely to respond.
@raincoaster goes straight to the take down notice - she does not bother with the small talk. You are not required to be polite, some bloggers copy by accident thinking a link back and copy a post 100% is fine - others will grab an ocassional article they fined interesting, the occasional copier will probably respond to polite - the others not -
click on "report as spam" and explain the situation in the comment block which appears. I'll modlook this thread so staff can take a look.
In the report as spam, provide some more concrete details so staff can investigate.
This link:
http://automattic.com/dmca/
Thanks again for all replies:
1tess - I did "report as spam", but got a reply back asking me about the 'trademark that is allegedly being infringed" and "official trademark registration details and information"; I do not have a trademark unless my domain name counts as that - in which case I can supply my domain name registration details.
I did not report a 'trademark violation' - I reported spam. The blogger has taken my name and is blogging in the same area in which I sell my products. My complaint is that he/she is using my (established) name and picking up traffic that would otherwise come to me; and otherwise muddying the waters as to who I am and what I do - and more importantly is hawking opinions that, in my sphere, I have to be very careful not to publish.
Please see here and note that this thread has been flagged for Staff attention > Disputes: Defamation, Court Orders, Subpoenas, Privacy
The blogger has taken my name and is blogging in the same area in which I sell my products. My complaint is that he/she is using my (established) name and picking up traffic that would otherwise come to me; and otherwise muddying the waters as to who I am and what I do - and more importantly is hawking opinions that, in my sphere, I have to be very careful not to publish.
This is not by definition spam.
If a blog is using your real name in the URL, we usually treat it as an impersonation claim. If the blog URL is the same or similar to a domain that you have created elsewhere or a business name, unless that site is specifically claiming to be associated with your existing domain or site and is not affiliated, it is normally treated as a trademark dispute.
Thank you timethief and markel especially for the very helpful information re trademark.
But aaarrgghh! its so UNFAIR! The Blog, naturally, doesnt specifically claim to be associated with me but any sane person would assume it is - its an unusual domain name, and deals with EXACTLY the same area I do! I've spent the last six years fulltime, overtime weekends, you name it and some utter bogger - sorry, typo, blogger - is jeopardising it.
Is the trademark route open to me if I do not have an official trademark? Does my registration of the domain name count as a trademark? Now its up to me to prove it is my property - when it should be the other way round! Naturally my modest income will not stretch to lawyers' fees and why should I be the one to pay?
But aaarrgghh! its so UNFAIR! The Blog, naturally, doesnt specifically claim to be associated with me but any sane person would assume it is - its an unusual domain name, and deals with EXACTLY the same area I do! I've spent the last six years fulltime, overtime weekends, you name it and some utter bogger - sorry, typo, blogger - is jeopardising it.
Is the trademark route open to me if I do not have an official trademark?
Unfortunately we can't really answer this question for you as WordPress.com staff can't provide legal advice.
For the record, raincoaster goes straight to a takedown notice for stolen content, NOT for "using the same name." Names that are not trademarked are ... not trademarked, and they are not covered by copyright legislation either.
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markel
