I have a question for Bloomingdale’s, and then I will move on with the story. Here is my question: “Dear Bloomingdale’s: Did you bump your collective head?”
Bloomingdale’s department store sent me a cease and desist notice for mentioning them, along with a link to their website. Strangely, I find that other companies such as Microsoft, Apple, Pepsi, and other brands don’t seem to mind positive mention from the public. No, instead, they seem to like all of those mentions of their brand name along with links to their websites. It is what makes them more popular, and it is good for SEO. That means search engine optimization, Bloomingdale’s.
Do you ever come across a company that makes you absolutely convinced that somebody “upstairs” in the corporation took one too many drunken stage dives? I do, and I got that feeling today when I sorted through an email spam folder. I discovered threatening letters from Bloomingdale’s department store claiming they plan to sue me if I do not remove their name from one of my websites.
So, what in the name of all things rational is fleeting through the legal minds at Bloomingdale’s? Are they trying to squash all mentions of their brand name on the Internet, or did they just pick on my 2002 relic that listed their website in a shopping directory?
Aside from the fact that they emailed me a spam-ish form letter, it kind of made me wonder if they just don’t receive the Internet over in their part of the world. Oh yes, Bloomingdale’s is based in New York, NY, and I know they must have access to mostly the same Internet as the rest of us. It seems odd that they didn’t figure out those links are good for them.
Maybe they are just too damn tired of being in business and want to call it quits. Maybe they have enough business, and just thumb their nose at all of the rif-raf out here on the silly and icky Internet. It beats me, but there is definitely something resembling last year’s tuna salad. It doesn’t smell healthy to me.
It made me wonder just what asinine sort of “unbranding” they are seeking by picking on me. Bloomingdale’s actually wants to erase a positive mention and a website link to their company, and they threatened a lawsuit to make it happen. Who is running the Bloomingdale’s Internet campaigns? Is it the “stars” from Jersey Shore?
To me, it seems they are having one of those moments that you or I may call a “shit the bed” encounter. You know, one of those times when you wake up ready for a challenge and say “Damn, I am feeling way too smart, and it has been a while since I topped my all time stupidest moment.”
Bloomingdale’s Threatens to Sue for Promoting Them
I have included letters that I received describing Bloomingdale’s threats to sue for using their name in a shopping directory (see below). I omitted the URL where the alleged offense occurred, but not because there was any violation. I simply do not intend to give the Bloomingdale’s website link on that page any further relevance by mentioning it here.
The website in question was from a retail example website for my wholesale Internet access company. It was created as a working demo for wholesale ISP (Internet service provider) clients. Although it once had many dial-up customers, we didn’t even market that site when it did have the option of signing up for dial-up Internet access. Our business is selling services to other ISPs.
Each of these letters from Bloomingdale’s are mostly the same rhetoric, and they each demand that I remove the content within five days. My thoughts for Bloomingdale’s are as follows:
At first, I was torn between whether to let you know just how badly you need my services to avoid coming off as a douchebag company, or whether to let others decide whether you are a douchebag company. I chose the latter, but you should probably read more of my work to determine the former. A better strategy to your online marketing efforts seems desperately in order.
Bloomingdale’s Demand Letters
Before I leave you to review the Bloomingdale’s demand letters I received, I want to say this:
Bloomingdale’s, Bloomingdale’s, Bloomingdale’s … nanny nanny boo boo. I used your name again. When you write up that lawsuit, just be sure to spell my name right.
Just one more outrageously funny thing I must mention is the Bloomingdale’s expressed concern for their name appearing in meta tags. That makes it seem even clearer to me that they are stuck in the “Miami Vice” and “Chaka Kahn” era.
Hello? Year 2011 calling Bloomingdale’s! If you are paying attention, you should probably have somebody in your “brainiac” eye tee department read “SEO Meta Tags: Oh, You Must Be Another SEO Expert!“ Perhaps they should check out the meta tags on this page while they are at it.
FACSIMILE: 646-429-7521/22
EMAIL: infringement.response@macys.com
2/16/2011
VIA E-MAIL
Re: Notice of Infringement on the Bloomingdale’s Trademark
To Whom It May Concern:
This office is counsel to Macy’s, Inc., its subsidiaries, and operating divisions, including those operating Bloomingdale’s department stores (herein referred to as “Bloomingdale’s”.) Bloomingdale’s is the owner of all rights, title and interest in and to the BLOOMINGDALE’S® name and trademark, which is the basis for an extensive family of trademarks and service marks. The BLOOMINGDALE’S® family of marks is the subject of numerous active registrations with the United States Patent and Trademark Office for a wide range of products and services. Bloomingdale’s has continuously invested substantial time, money and effort in the marketing and sale of products and services represented by this mark nationwide. As a result, the BLOOMINGDALE’S® name has become famous. It represents an exceptional level of consumer recognition and goodwill and is a property of incalculable value to the company.
Bloomingdale’s recently became aware of your use of the Bloomingdale’s trademark in meta tags (and/or hidden text) at http://www.********* used to attract Internet traffic to your web site. Your use of this trademark to attract Internet traffic is an obvious attempt to capitalize upon the goodwill associated with Bloomingdale’s for your company’s benefit by diverting buyers. More particularly, the Lanham Act, 15 U.S. Code Section 1117 provides for recovery of profits and damages, as well as a sum of up to three times the amount of damages for violations of Section 1125(a).
Accordingly, demand is made that you immediately cease-and-desist from any further use of the Bloomingdale’s trademark name in the meta tags (and/or hidden text) on your web site. Additionally, we must receive your written assurances that you will make no use of Bloomingdale’s registered mark in your business affairs in the future.
Provided you immediately comply with our reasonable demands, a lawsuit may be avoided. If your unauthorized use of Bloomingdale’s intellectual property continues and we do not hear from you within five (5) days of the date of this letter, my client has already authorized the filing of a suit against your company, seeking immediately injunctive relief and all damages allowable under the law.
We shall be monitoring your website and await your response in writing to this office. Should you have any questions or comments regarding Bloomingdale’s position in this matter, please contact me via e-mail. Nothing herein shall constitute a waiver of any of Bloomingdale’s rights in law or in equity, all of which are expressly reserved.
Thank you for helping us protect our brand. If you are authorized to use our intellectual property and believe you have received this in error, please provide the name and number of your contact within the company in order to verify your use and close the matter.
Sincerely,
Marie Camacho
FACSIMILE: 646-429-7521/22
EMAIL: infringement.response@macys.com
2/23/2011
Re: Notice of Infringement on the Bloomingdale’s Trademark
To Whom It May Concern:
This office is counsel to Macy’s, Inc., its subsidiaries, and operating divisions, including those operating Bloomingdale’s department stores (herein referred to as “Bloomingdale’s”.) Bloomingdale’s is the owner of all rights, title and interest in and to the BLOOMINGDALE’S® name and trademark, which is the basis for an extensive family of trademarks and service marks. The BLOOMINGDALE’S® family of marks is the subject of numerous active registrations with the United States Patent and Trademark Office for a wide range of products and services. Bloomingdale’s has continuously invested substantial time, money and effort in the marketing and sale of products and services represented by this mark nationwide. As a result, the BLOOMINGDALE’S® name has become famous. It represents an exceptional level of consumer recognition and goodwill and is a property of incalculable value to the company.
Bloomingdale’s recently became aware of your use of the Bloomingdale’s trademark in meta tags (and/or hidden text) at http://www.*********.com used to attract Internet traffic to your web site. Your use of this trademark to attract Internet traffic is an obvious attempt to capitalize upon the goodwill associated with Bloomingdale’s for your company’s benefit by diverting buyers. More particularly, the Lanham Act, 15 U.S. Code Section 1117 provides for recovery of profits and damages, as well as a sum of up to three times the amount of damages for violations of Section 1125(a).
Accordingly, demand is made that you immediately cease-and-desist from any further use of the Bloomingdale’s trademark name in the meta tags (and/or hidden text) on your web site. Additionally, we must receive your written assurances that you will make no use of Bloomingdale’s registered mark in your business affairs in the future.
Provided you immediately comply with our reasonable demands, a lawsuit may be avoided. If your unauthorized use of Bloomingdale’s intellectual property continues and we do not hear from you within five (5) days of the date of this letter, my client has already authorized the filing of a suit against your company, seeking immediately injunctive relief and all damages allowable under the law.
We shall be monitoring your website and await your response in writing to this office. Should you have any questions or comments regarding Bloomingdale’s position in this matter, please contact me via e-mail. Nothing herein shall constitute a waiver of any of Bloomingdale’s rights in law or in equity, all of which are expressly reserved.
Thank you for helping us protect our brand. If you are authorized to use our intellectual property and believe you have received this in error, please provide the name and number of your contact within the company in order to verify your use and close the matter.
Sincerely,
Marie Camacho
FACSIMILE: 646-429-7521/22
EMAIL: infringement.response@macys.com
3/2/2011
To Whom It May Concern:
In order to avoid formal legal action, we are writing once more to follow up to our earlier letter to you regarding your use of Macy’s Inc. trademark (Bloomingdale’s) in the meta data of your website http://www.*********.com. As explained in our previous letter, Macy’s Inc. has well established rights in this mark and it is well known to consumers throughout the world.
As you know, Macy’s Inc. recently became aware of your unauthorized use of its trademark and sent you a letter requesting that you cease and desist from such use (and confirm same in writing). As of this date, we have not received a response from you about this matter, and the infringing content still appears in the code of your website. Your failure to act upon receipt of our notice underscores that your use is willful, exposing you to up to three times the amount of damages typically awarded for violations of Section 1125(a).
Your infringing use of our property is an obvious attempt to legitimize your website and/or divert traffic from this company’s authorized site. Accordingly, we reiterate our demand that you terminate the use of our brand in the meta data of your web site, and provide written assurances that you will make no use of Macy’s Inc.’s marks or other intellectual property in your business affairs in the future.
Provided you immediately comply with our reasonable demands, a lawsuit may be avoided. If your unauthorized use of our intellectual property continues and we do not hear from you within five (5) business days of the date of this letter, we reserve the right to pursue any and all remedies without further notice, including the filing of a suit against you seeking immediate injunctive relief and all damages allowable under the law. We shall be monitoring your website and await your response in writing to this email address.
Thank you for helping us protect our brand. If you are authorized to use our intellectual property and believe you have received this in error, please provide the name and number of your contact within the company in order to verify your use and close the matter.
Nothing herein shall constitute a waiver of any of Macy’s rights in law or in equity, all of which are expressly reserved.
Sincerely,
Marie Camacho
Photo Credit: Combination enema and douche syringe by Shattonbury via Wikipedia
