Did You Get A Postcard?

[FailingEnterpriseAdmin]

Originally Posted by Unregistered

Certainly, there are a multitude of factors that go into trademark infringement, most notably the likelihood of confusion by the consumer.

I'm confident that even the stupidest person I know would quickly understand that this site is not approved or sponsored by Enterprise Rent-A-Car. Just look at it! Just look at the domain name! Just read the legal notices! Just see who the owner is!

Originally Posted by Unregistered

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.

The Failing Enterprise Logo Parody is a parody, which is legally protected speech. I took their trademarked logo, then added a new word, a new color, a new font, and changed the shape. My attorney and I are comfortable with it.

Originally Posted by Unregistered

Second, as anyone who reads this site regularly can tell, you do occasionally gets posters who think this site is affiliated with ERAC.

Not if they can read!

Originally Posted by Unregistered

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.

Yes, it's a site for criticism about ERAC, so of course it's closely linked with ERAC. I can see you're not Supreme Court material.

Originally Posted by Unregistered

I think not offering ad space, nor attempting to profit through paraphanelia is what has kept this site out of legal harm.

No, we don't make any "commercial use" of their trademarks. Never have. Never will.

Originally Posted by Unregistered

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.

I can understand how they'd want to sue, but what would they sue for? I'm not violating any of their legal rights. Being angry, frustrated, or claiming "He's making truthful statements about our bad behavior and we'd prefer the world not hear about it" isn't grounds for a lawsuit. I realize there's a long, proud tradition in the U.S. of big corporations crushing the little guy, but I've got one of the nation's best Internet and Intellectual Property attorneys behind me so I can punch my weight. I'll agree it's rare for someone to get as far with something like this as I have, but I planned for this from the start.

And if they were to sue, there are a whole bunch of things we'd do in response. Just one of them: Do you think I'd leave it unmentioned here on the website, or do you think I'd turn it into the next Groklaw and spend an hour or two a day at my most clever just pounding them in the court of public opinion and raising public awareness? Here's a headline: "Giant Corporation Sues To Silence Complaining Customer". I used to be a newspaper reporter. Where do you think this would go?

I think I am finally over this site. I enjoyed bashing ERAC and venting some of my frustrations and I now see that it is not healthy to dwell on the unpleasant parts of my past. My ERAC experience helped me land my new job and meet a number of individuals I consider friends.

Admin, years down the road I am sure people will consider this site the litmus test for consumer/employee criticism sites. And of all the worthy causes out there that could use this sort of attention, you will have given a huge chunk of your time to a rental car company who provided shitty customer service. Don't bother trying to state that maintaining this site doesn't take much time and all the other excuses you spew to make people think this site doesn't dominate your life. I was a junkie on this site too, and you were always logged in, making numerous posts throughout the course of the day.

My issues with this site have developed not from the truths the former and current employees post about the conditions at ERAC, but rather from the "unmoderated" (as you put it) personal attacks some posters put about other people to which you discard as "possibly being true". Posters who call out current employees for being cheaters, VD hosts, whores, drug abusers etc, have absolutely zero burden to prove any of their comments. This being the case, it seems as if you focus on whether or not something is legal instead of whether or not something is right.

In the end, I hope this site can bring about changes in ERAC that put a genuine focus into providing excellent service to customers and create a favorable work environment for its employees that includes adequate compensation, hours, and treatment from superiors. But I cannot in good faith, continue to be a part of a community that so readily seems to embrace the crushing of certain individuals through personal, unqualified attacks.

Best of luck to all in finding the happiness that eluded you at ERAC!

Originally Posted by Last Word

So we have bets around the office as to how much longer you'll be up and running. These postcards may help your traffic in the short term but are going to kill you from a legal and copyright infringement standpoint.....stay tuned!

This site has been up for about 2 years. The logo is the same on the homepage as the one on the postcard. If erac hasn't made a case on the "E" logo yet, I doubt those postcards will give them what they need. And while you're taking bets, put me down for $20 on you remaining bitter and grumpy for several more months.

[Incognito]

I just got a postcard at work. This is great.

Originally Posted by Unregistered

I think I am finally over this site. I enjoyed bashing ERAC and venting some of my frustrations and I now see that it is not healthy to dwell on the unpleasant parts of my past. My ERAC experience helped me land my new job and meet a number of individuals I consider friends.

Admin, years down the road I am sure people will consider this site the litmus test for consumer/employee criticism sites. And of all the worthy causes out there that could use this sort of attention, you will have given a huge chunk of your time to a rental car company who provided shitty customer service. Don't bother trying to state that maintaining this site doesn't take much time and all the other excuses you spew to make people think this site doesn't dominate your life. I was a junkie on this site too, and you were always logged in, making numerous posts throughout the course of the day.

My issues with this site have developed not from the truths the former and current employees post about the conditions at ERAC, but rather from the "unmoderated" (as you put it) personal attacks some posters put about other people to which you discard as "possibly being true". Posters who call out current employees for being cheaters, VD hosts, whores, drug abusers etc, have absolutely zero burden to prove any of their comments. This being the case, it seems as if you focus on whether or not something is legal instead of whether or not something is right.

In the end, I hope this site can bring about changes in ERAC that put a genuine focus into providing excellent service to customers and create a favorable work environment for its employees that includes adequate compensation, hours, and treatment from superiors. But I cannot in good faith, continue to be a part of a community that so readily seems to embrace the crushing of certain individuals through personal, unqualified attacks.

Best of luck to all in finding the happiness that eluded you at ERAC!

You'll be missed.....not really. Look, I am one of those people that call out former co workers and area managers. I love it! I love that I can speak my opinion and shed some TRUTH about the unethical and illegal practices they perform on a daily basis. I will continue to bash them as well until something is done about it. The people I call out believe they are untouchable by corporate and by life itself. They think they can get away with ANYTHING. I am here to show them that what they do does not go unrecognized and that action needs to be taken. For God's sake, these people represent ERAC in and out of work. Don't you think the Taylor's should know who is representing their company and in what fashion?

[Ex Gp01]

Originally Posted by Unregistered

You'll be missed.....not really. Look, I am one of those people that call out former co workers and area managers. I love it! I love that I can speak my opinion and shed some TRUTH about the unethical and illegal practices they perform on a daily basis. I will continue to bash them as well until something is done about it. The people I call out believe they are untouchable by corporate and by life itself. They think they can get away with ANYTHING. I am here to show them that what they do does not go unrecognized and that action needs to be taken. For God's sake, these people represent ERAC in and out of work. Don't you think the Taylor's should know who is representing their company and in what fashion?

I personally do not think the Taylors really care any longer. They have their millions. Honestly, coming from 0101, they aren't really even that involved with the day to day stuff. They have all their VP's and stuff for that. And I know for a fact that one long term VP in 01 is completely fed up with the complaints from employees and just doesn't know what to do any longer since upper management won't do it's job.
That's almost a direct quote.

Originally Posted by Ex Gp01

I personally do not think the Taylors really care any longer. They have their millions. Honestly, coming from 0101, they aren't really even that involved with the day to day stuff. They have all their VP's and stuff for that. And I know for a fact that one long term VP in 01 is completely fed up with the complaints from employees and just doesn't know what to do any longer since upper management won't do it's job.
That's almost a direct quote.

That's actually kind of scary. Upper management doesn't know what to do anymore to make his employee's happy because HIS upper management won't lift a finger. What does this tell you about the company 66,000 people work for?

[MT Mountain Man]

Go Admin Go!!

Can you tell us what groups you sent postcards to? Group 63?
If not, would you?

Admin,

Please tell me that you sent this to Group 24 in New Jersey?!?!?! That would be phenomenal!

[FailingEnterpriseAdmin]

Originally Posted by Unregistered

Admin,

Please tell me that you sent this to Group 24 in New Jersey?!?!?! That would be phenomenal!

Yes, every branch in New Jersey is getting one. Go Garden State!