Trademarks and web hosting in Japan

[matsuki]

In short, with one of the American brands I import, I have to contend with a few gray-marketing assholes. I'm not price gouging and in some cases, they are actually priced much higher than me. Anyhow, one company in particular has "Exclusive Japanese Distributor" all over their website with the brand logo. The manufacturer in the US had no relation with them whatsoever, they're buying from someone stateside, who buys from some US dealer. Can't ever stamp out gray market importing but their false claims and use of the brand logo is a problem. I asked them to stop and they basically told me to fuck off. After this, I trademarked the logo in Japan (last year) but so far the attorneys I've spoken to are asking a bit much to pursue these assholes. To make it worse, they are waaaaay the hell out in the cuntryside. Not too easy to pursue if I have to take it up with a court local to them.

So....considering how some hosting services are quick to remove offensice or infringing material from thir servers, and since the real issue is the shit on their website...I'm wondering if I can avoid the legal route and shut them down through their hosting?? I have the legitimate Japaneeeeze paperwork for the trademark...is that all I would need? Any advice?

[wagyl]

Advice worth every sen you are paying for it: is there any potential harm in giving it a shot with what you have? If not, try. If that works, result; and if it doesn't, and you can try getting some more ammunition.

[GomiGirl]

First thing to do is give them a cease and desist letter with a date to remove the offending trademarked item.

If nothing then go via the host.

[Coligny]

First thing to do is give them a cease and desist letter with a date to remove the offending trademarked item.

If nothing then go via the host.

I'd say, for efficiency, directly threaten the hosting to be sued... For complicity of trademark infrigement (with list of the jail sentence). Sure it might not directly be this. But they are committing a fraud of impersonnating an official representative of a company... Which is not so far of...

[matsuki]

Advice worth every sen you are paying for it: is there any potential harm in giving it a shot with what you have? If not, try. If that works, result; and if it doesn't, and you can try getting some more ammunition.

I don't see how it could do any harm which is why I'm considering it. Worst case is I have to pursue them with an attorney later.

First thing to do is give them a cease and desist letter with a date to remove the offending trademarked item.

If nothing then go via the host.

Been down that road already. Their response was "fuck off, we were the exclusive distributor before you!!" (they have never been a distributor in any official capacity at all...the manufacturer doesn't even know who the hell they are.)

I'd say, for efficiency, directly threaten the hosting to be sued... For complicity of trademark infrigement (with list of the jail sentence). Sure it might not directly be this. But they are committing a fraud of impersonnating an official representative of a company... Which is not so far of...

That's what I'm thinking, having heard all these horror stories about hosts pulling sites and shit over the smallest complaint...having a legit cause should be reasonable grounds to have the host kill it....though TIJ so not holding my breath.

[GomiGirl]

How good is the relationship with the manufacturer? Can they get involved?

[matsuki]

How good is the relationship with the manufacturer? Can they get involved?

Good...but they have no clue who these assholes are that just up and started claiming they're the "Exclusive distributor for Japan." I've shut down a few of their product sources but they refuse to go away.

Get this....it's a non profit joint US-Japan radiation research group that's hosting the commercial website??? WTF??

[wagyl]

Get this....it's a non profit joint US-Japan radiation research group that's hosting the commercial website??? WTF??

That little fact alone may be useful in encouraging them to listen to you.

[matsuki]

Get this....it's a non profit joint US-Japan radiation research group that's hosting the commercial website??? WTF??

That little fact alone may be useful in encouraging them to listen to you.

Yeah....may be that the Non Profit isn't even aware they are hosting the website. I hope that's the case as it may get it taken down quickly and as a bonus it may get someone fired encourage someone to quit

[matsuki]

Faxed the fuckers, got an angry call back about spam faxing them...then when I explained, the guy denied it, got upset and hung up on me. Now the hosting information has now been altered and the radiation research group's name is off....now just a big ass hosting service is coming up. Fun fun fun, contacting them now...