Trademark issues?

[npj]

I recently made an order at a company -- we'll call them "Foo Corp" -- and I used a spamgourmet email address that began with "foocorp."

So, Foo Corp forgot to send me a tracking number, so I called them up. The support guy eventually noticed my email address, and started threatening about trademark infringement, impersonation, etc.

Anyone have somethiing to say about this?

[SysKoll]

This is laughable. It's like saying that you cannot use the name of a brand on a personnal communication. That's infringing free speech. If you are based in the US, the Constitution is on your side.

If I want to write "FOO Corp" on an envelope, that's my right. Email is no different, and many precedents have been established.

If this persists, get the customer service critter to put his manager or legal rep on the phone and explain him that emails (including email addresses) are considered private communication and that what you use for email addresses are YOUR business, not theirs. Furthermore, tell him that if he wants to infringe on your private correspondance, he is breaking Federal laws. What next? Will he have you remove his companies' name from your invoice copies too?

Trademark infrigements take place when you are diluting or improperly using a trademark. Writing a name of a company on an envelope or in an email header does not qualify, obviously, otherwise you'd infringe trademarks every time you send a check to a supplier.

So this guy doesn't know what he is talking about. I suggest breaking all business ties with him and avoiding him like the plague.

Of course, you might be forced to continue doing business with the bloody fool. The only defence against that kind of utter moron is the strongest attack. Be extremely aggressive and threaten to call the cops and file a complaint. If you get no satisfying answer, give us his name, and post complaints on consumer web sites.

Josh is a lawyer. When he's done laughing about the stupidity of this company, he might have a few wods to add (but then he'll have to bill you).

Un-freakin'-believable.

[lwc]

You forgot the obligatory "but this isn't an official legal advise" statement.

Anyway, the most extreme comment I've ever got was "how did you get our domain in your address?!" (see, even in 2007 many people don't realize there's a difference between what's before the @ and what's after it...). I can only imagine what will happen if Spamgourmet ever lets us use @companyname.spamgourmet.com style addresses...

P.S.
At first I tought you're talking about the original Spam corporation...

[npj]

The examples you give represent different situations. If I write Foo Corp on an envelope, I am specifying a recipient. If they write foocorp on an invoice, they are specifying themselves as one member of a contract.

On the other hand, if I choose an email address containing foocorp, and as many people consider email addresses to be a representation of identity, I think one could make an argument that I was representing myself as Foo Corp.

My only saving grace is that I'm only using this email address with them.

Am I missing some important legal distinction?

[josh]

A full answer to the question is complicated -- for instance, we don't know where the company is, and where it may have registered trademarks, and where you are, etc. (not that you need to tell us ) -- this would affect the laws at issue, but the end result is sure to be the same. The general principles of trademark law do not support the support guy's position. Generally speaking, trademarks have to be applied to a particular industry sector or something similar, and the infringer needs to be using the trademark in trade in the particular sector in a way that harms the trademark owner -- there's much more to it, of course, but using that as a general guide (and certainly *not* legal advice , and I'm not a trademark specialist), you can see that the support guy is smoking rock.

If you have alternatives for your business, I'd consider them, because it would be a pain to have to deal with someone who's already saying things like that so early in the customer relationship.

[npj]

Thanks guys. At this point, I'm not too worried about legal reprocussions.

But, I can see this as a recurring problem. I want to be able to tag my disposable email addresses against who I give them to, but I don't want to have this conversation with each company I deal with

Maybe I'll just spell company names backwards or something...

[SysKoll]

I want to be able to tag my disposable email addresses against who I give them to, but I don't want to have this conversation with each company I deal with

I tag my disposables with the name of the sender all the time, and even the largest, touchiest companies never had any concern.

You could give them a disposable "from.foocorp.to.MyAccount@spamgourmet". And if they are still difficult, give them "from.uttermorons.to.MyAccount".

[josh]

But, I can see this as a recurring problem. I want to be able to tag my disposable email addresses against who I give them to, but I don't want to have this conversation with each company I deal with

It will recur in the sense that you want to use the same naming strategy, but if that objection ever recurs (from someone else), please let us know - it's silly and new

[crayy]

I had the same problem... with an web surfing anonymizer company of all people.

I used something like ANONYMIZER.me@... and they told me that "anonymizer" was the name of their company and they demanded I quite using it. (Note: anonymizer is not the real name of the company). After I sent back a scathing email I told them they could use my new email address AN0NYMIZER.me@... (I changed the O to a zero.) I asked them if they owned that TM. Needless to say, they couldn't say anything and I quite using them after that anyway.