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| Originally Posted by FailingEnterpriseAdmin You probably mean a trademark infringement, but, regardless, I've think we've got everything covered pretty well here. My attorney and I have worked very hard from the beginning to ensure I haven't violated any of Enterprise's legal rights, and I'm confident that I don't. If you stay within the protective bounds of free speech you've actually got a fairly strong position.
Sure, I'll bet they're pissed, but the right to free speech only really means something when somebody wants to silence you and you can keep on telling the truth.
Someday, if Enterprise gets angry enough, they might start working on all those unethical and probably illegal practices, and then we'd all be better off. At this point, they're just bringing this on themselves because they keep pretending this isn't happening.
"No look, book!" means you get postcards in the mail.
If I were you, I'd take the other side of those bets. |
Certainly, there are a multitude of factors that go into trademark infringement, most notably the likelihood of confusion by the consumer. While you don't sell anything or look to profit by this site, the altered logo you sent out on the fliers, as well as, mailing fliers to each branch could signify a change in interpretation.
First, the similarity in the overall impression of the logo on the postcard is different than the one used on this site. Second, as anyone who reads this site regularly can tell, you do occasionally gets posters who think this site is affiliated with ERAC. Now while you do have sufficient disclaimers, it still is evidence of actual confusion which is a major element of trademark infringement. Third, the intent of the defendent (you) using the mark, again, is factored into the overall evaluation. Similar, even exact, trademarks are permissible in the same local when services offered are sufficiently dissimilar. However, your use of the logo is INTENDED to be closley linked with ERAC so that visitors understand that the criticisms are directed at the rental car company.
I think not offering ad space, nor attempting to profit through paraphanelia is what has kept this site out of legal harm. In addition, I don't think, necessarily, that you are in harms way now. But the reality is, having mailed out the postcards, you actions will most certainly fall under heavy scrutiny from ERAC. So much so that this may be the incident that leads to some protracted legal action between ERAC and yourself. I hope that lawyer was on retainer.