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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11745
Experience:  30 years as a practising solicitor.
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I have actually received a complaint company, that

Resolved Question:

I have actually received a complaint for another company, that I am passing off.
Now I can see their viewpoint, but I can easily remedy the situation with a few changes on my website / adverts.
They want to take legal action if I don't respond and comply to their demands.
Are you able to advise on these matters, just to make sure I am fully compliant and not breaking the law? Will be able to show their letter and complaint.
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thanks for your question. I am a solicitor with an interest in intellectual property law. Can you tell me what the allegations are and what your views are?
Customer: replied 2 years ago.

Well they are going too far....way too far.

Let me attach a screesnhot of the action they want me to take. Please see that.

It's regards ***** ***** adverts - Adwords. So you search for something in Google, and paid adverts are shown at the top and side. We advertise on their. Their client is a life insurance broker, and we're a life insurance lead generation company.

Now I was never intentionally passing off as their client, but I was trying to get as many clicks as possible from the Ads and bidding on their keyword "client name" which I am allowed to do, and Google allows.

However, I am happy to comply with (ii) and (iii) and have taken steps to ensure there is no confusion there at all, anymore.

But with (i) they want me to stop bidding altogether on their clients name.

A few things

1) This is a common practice, and allowed (encouraged) by Google

2) It's not passing off, it's competition

I just want to make sure they cannot do anything regarding (i), as there is not way I am willing to comply with that - unless I am breaking the law, which I absolutely do not feel can be the case.

Thanks

Expert:  JGM replied 2 years ago.
I agree with you. If you aren't passing off as them as regards (I) they can't insist that you stop this. As you have taken steps as regards ***** ***** two that is all you have to do.
Customer: replied 2 years ago.

Thanks for confirming

To finish off...

1) How would you reply to the letter, if at all? I'll attach again what they expect me to sign and comply with by Monday the 10th of August.

I have no intentions of signing it due to condition (a), but as long as I undertake measures on (b) and (c) do I actually even need to reply? And if so, do I send my own letter, email, what would suffice?

2) If they do attempt to come back and say you can't bid on our keywords etc. as it's passing off (even though it isn't), can you advise me of how I could quickly and effectively counter this? Or how would you suggest I reply back in this scenario, and what actions should I take?

I understand nothing constitutes legal advice here, but your thoughts would be helpful.

Upon these answers, I'll go ahead and accept your answer.

Attachment: 2015-08-02_121154_letter.pdf

Expert:  JGM replied 2 years ago.
I would not reply to their letter in any detail. I would just say that you are taking legal advice and will follow the advice of your advisors. Do not say any more than that at this stage.
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