burtonbytes started this topic @ 21:43 on 13/03/2011
I run a small IT business in a relatively small UK town where there are only about 10 well known competitors.
During 2010 I started to get a lot of strange information from customers, especially when customers had rang around the main competitors getting cost information. Several of them were making comments that my business was owned by them or that we were part of a co-operative.
In essence they were trying to nab customers by saying, oh don't ring him we all work together and the price would be the same.
I started to get so sick and tired of it that instead of pointing the finger at those business I was sure was engaging in this practise, I instead added a footer to my website. The footer states my business is not affiliated with, and then lists those trading IT companies.
Of the about 10 names,I was asked by 3 firms to remove their name, as they thought I was doing it for SEO, I explained the reason for it being there and they then had no problem with it.
Then this evening out of the blue I was contacted by one of the firms listed, it also happens to be the one I most likely believe was the culprit spreading the lies in the first place.
He stated that his company name is also a trademark and that I had 24 hours to respond and remove all mention.
He is also a convicted sex attacker and is well known locally, several local news sites have current and viewable stories featuring his name, business trading name and photo. Both Tv and newspapers.
Since I do a lot of school work and have an up to date CRB declaration I certainly don't want anyone thinking I'm in some way associated or owned by him/his company.
I politely responded but was frank with my explanation. I made no accusations but stated the importance for it being there and that as I understood it I was free under Fair-Use to use a trademark if I was making a statement of fact and that this did not in anyway damage or risk his trademark. He fired back that he was going to test my legal knowledge with his solicitor.
Having done some research, the fair-use seems to cover things like saying our premises is next to McDonalds or on a Map showing my business location and having other companies names or logos on there also.
Am I right in thinking this? I certainly don't want to get into any protracted legal argument with this guy, in all truth I really want nothing to do with him but this sort of underscores why I put the footer on the website in the first place.
Any help or advice from those experience in such things would be massively appreciated.