Indian blogger gets legal notice for using Flipkart logo
According to the legal notice, a copy of which is with TOI Tech, Flipkart has alleged that Bhawani has illegally used its trademark, domain name, and artistic work on amazonvsflipkart.com. The notice says that Flipkart anticipates that the use of its artwork and intellectual property could create confusion among the public.
Probably they're suing for the logo because maybe they couldn't sue him for the name. To be fair, starting up a domain 'amazonvsflipkart.com' and comparing them- but expecting trouble at any point? At the very least the domain name shouldn't have had flipkart's name unless you want them to knock at your door. I've seen some SEO guys suggesting names that have established brand's name. It does help in getting some traffic but at some point someone in the legal department saying that this needs to be handled. They're not wrong. It's their brand name. They own it. Would you like if some started somethingvsyourwebsite.com???
Taking a jab and running google ads/affiliate codes doesn't really help either. They're obviously going to find a way not only to shut you down, but also see if they can force you to transfer domain ownership to them in exchange to settle the matter.
But this article link also shows a different perspective:
http://www.medianama.com/2015/08/223-flipkart-legal-notice/
Reason: yahoo
I read the title as
Indiblogger gets legal notice for using Flipkart logo
This is #realshit FK is creating for themselves. 
They seem to have forgotten the very people who have made them what they are today, still hold the same powers to make them what they won't like to become. This smells of arrogance!
Sorc website not loading 
Darr gaya lagta hai webmaster
Yeah, I am not surprised. It's not easy to defend when the website's name is 'amazonvsflipkart'. Someone who says he runs so many tech websites of all people should know that the domain name is simply baiting either Amazon or Flipkart.
This is case of running behind brand name to make some quick money based on the keyword. It comes to a logical end.
The only wrong thing I am against is their first half of the justification of sending a notice. The second part of the notice which highlighted Amit using the word is wrong on his part. You started a site called AmazonVsFlipkart, you are comparing the services. Then having affiliate codes and Google ads. It's obvious that he was running the website to earn money out of it and cashing in on the keyword 'Amazon' and 'Flipkart' by getting the site picked by users and search engines better. Either he should have kept it ad-free or should have had other business name.
Now before you defend Amit just because he's a blogger/ 'tech journalist', understand this: If someone starts a name which is same or similar to your establish and well-reputed business, you will not like it. In fact, you will do something since that person is cashing in at your expense. If you're going to say that Amit is a much smaller entity than Flipkart, then you have the wrong concept of justice and copyright infringement.
What's really wrong is having a notice starting with questioning a particular poll saying that it makes a Trademark violation. That's absolutely stupid. Its like saying Indiblogger violated Flipkart's trademark because we created a discussion in the near past asking the admins to give Amazon cash vouchers over Flipkart because few/some/many products are highlighted only via app and not via desktop. Clearly, India's oldest startup has way too much time and investor's money to spill. That comes under fair use. However, if Amit charged Amazon for running a comparison against Flipkart as 'premium content' (which is basically an ad), then Flipkart should have worded that notice more accurately.
One can argue that for Flipkart, the comparison was more harmful for them more than Amazonvsflipkart. Amazon probably may not give a damn. True, but that doesn't mean the other reason will be automatically null and void. It gave them the ground to justify themselves sending a notice.
I said it before and I will say it again- If SEO bloggers say to use a part of the name of an reputed brand to get more page views and better ranking, its just a matter of time the site would be taken down. Remember, there are people and lawyers who will continue building a case even if you have taken the site down. So be very aware of your situation and at least consult a lawyer who has the experience with trademark violation/ copyright infringement.
If you read Google adsense guideliness properly you'll know you cannot do such a thing which the blogger did, because a complain by Flipkart to Google could directly lead to Adsense BAN...However, the blogger is saying there was no ads and it was just a fun poll... Any blogger should avoid these basic steps of using logo if they plan to make their "blog" a source of income. While, the blogger missed the basic step, Flipkart made the mistake their weapon. No wonder, the site was making them a villain..
We should take this as a lesson
Sign in to reply to this thread
