A Very Legal Sounding Statement

I just published the following statement over at Shoeperwoman, but figured good news bears repeating. And really, the sight of Rubin in shoes never really gets old, does it?

“Following on from the trademark dispute I told you about last month, I’m very pleased to announce that following negotiations between our lawyers and the owner of the Shoeper-Woman.co.uk website, we have now reached an agreement, in light of which the owner has rebranded, transferred domain ownership to us and withdrawn the Trademark application that conflicted with our website name.

Obviously this has been a difficult and stressful time for everyone involved, and we’re happy to be able to draw a line under it and get on with the important business of talking about shoes. Once again, we’d like to take the opportunity to thank everyone who has supported us throughout this: we will now be continuing with our own trademark application, and hope that, if granted, this will help give our brand additional security in future.

Thanks again for everyone’s help and support: it really does mean the world to us.

P.S. As a courtesy towards the other party in this dispute, we have agreed not to name either her or her new business name, and we’d appreciate it if you could refrain from mentioning these names in the comments here.”

Unfortunately the fight DOES go on against the site I mentioned in yesterday’s post, which is still live at the time of writing, and I’m still completely mystified as to why on earth it even exists. My current tagline gets truer by the day…

22 Comments

  • Caroline says:

    I am SO pleased to hear this – what a huge relief to you.

    Sending virtual champagne cocktails your way in celebration!

    Cx

  • Arlene says:

    Excellent outcome for all concerned xxx

  • Panthera says:

    YAY!! That’s such good news! I’m so happy everything turned out your way (as it should).
    I hope this will give you some tiny peace of mind, and what a great way to start your holiday!

    So happy for you, and the blog :o)

    About the new stupid-head; I have no idea why she did it, but could it be possible that she has used an rss reader that downloads the whole post or her?
    I use my iPad to read blogs, and my rss reader (called rss reader hd or normal) gives me the option to automatically download full posts from a partial rss feed. I have it set to automatically download all shoeperwoman posts currently, but I promise I won’t steal them or post them anywhere!
    I thought maybe she had something similar?

    • Panthera says:

      That was supposed to be a smile, not a surprised face.. I have to stop putting noses on my smilies.. * :)

      And it should say “downloads the whole post *for her”

      • Terry says:

        It could have been done multiple ways. As the posts are all a year old then they probably used some software to do it automatically. Dreamhosts better get their little mouse fingers clicking and delete it asap or I will VERY ANGRY, like a Volcano in a hurricane! (with really heavy snow as well) ;)

  • Kat says:

    Oh, I’m so so so happy for you Amber! And for you, Terry. And even for Rubin! Looking forward to business as usual now :)

  • Diane says:

    Oh God, I’m SO happy for you, Amber! I kept thinking about you & wondering how things were going; I know you couldn’t reveal it all publicly. But you must be really relieved. Phew! I have a feeling this new content-stealing site won’t prove to be such a challenge, but fingers crossed for that, too. xx

  • maz aka MallyMon says:

    Well done! and also, YAY!! :) x

  • Lauren says:

    *and breathe again* Thank god, so happy for you!

  • Glad to hear sensible heads prevailed although a shame that it had to go to lawyers to do so

  • Karin says:

    Ohh, more Rubin in heels!
    And congrats in your business succuess! Sucks when your whole life gets trampled on.

  • Claire says:

    I’ve said it on Shoeperwoman but it does bear repeating too – CONGRATULATIONS!!!

  • Amy says:

    I wouldn’t be surprised if someone decides to copy your content just to get a rise out of you or to get attention. Glad the other dispute was settled!

  • Nikki G says:

    I posted my congratulations on Shoeperwoman as well, but I just wanted to say again: congrats! Justice has prevailed!!

  • Dani says:

    Yay! That’s great news!

  • Louise says:

    I’m soooo please thats all sorted. I’m also sooo sorry you had to go to the expence and hassel of lawyers to fix it. I hope the other dude doesn’t end up that way too.

    Congrats, in general and good luck for the next and hopefully FINAL installement.

  • Oh this is brilliant news. So pleased for you.

  • Beth says:

    I’m so pleased for you, I hope the other issue gets fixed soon too xx

  • Amber/Terry – did you serve a DMCA notice on the hosts of this site? We are dealing with a few recalcitrant copyright infringers over here too who won’t take down stuff that is in breach of copyright.

    Apparently you can raise proceedings in the Federal Court of Australia to enforce a take down notice. I wonder if it is possible to do so in the Court of Session that would be more money chucked away though.

    We should do a Webinar on how to deal with identity pirates…

    • Amber says:

      We didn’t have to in the end… after whining at them for 30 minutes on Twitter and by email, the hosts announced they’d found “other issues” with the account which enabled them to shut it down. Prior to that, they’d been recommending we hire a lawyer (which you obviously don’t need to serve a DMCA, but was what they were recommending anyway).

      The main problem is now that while court action would presumably work, we just can’t afford it. We’ve just spent a lot of money fighting the last person, and if we have to do that every single time someone tries to rip me off, we’d be bankrupt, or I’d be running the sites purely in order to make enough money to fight off the people who copy them. So disheartening :(

    • Terry says:

      I think the argument that won the day with dreamhosts is that I’d found dozens of copycat websites on their servers from the same user. It would be completely unreasonable for the hosting company to expect every person to start filing legal documents when in the end in only took 5 minutes for the host to look at the account and see the extent of the copyright infringement. As soon as they saw how many sites had been ripped they deleted all the accounts.

      I will need to get a proper DMCA template sorted so we have it ready to send off when we find the next copycat.

  • EXTREMELY happy to read this! congratulations!!! very-very-very pleased :):):)

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