MyVoucherCodes - Please Stop!

[stargazer]

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Been following this thread for a while as a newbie to the affiliate arena and couldnt help making a few enquiries.

With regards to the myvoucercodes trademark I believe that Mr. Pearson holds a trademark for the use of the word myvouchercodes or the use of my and vocucher and code in any combination so myukvouchercodes would breach that trademark. (Note this is second hand info but as far as Im aware the source is accurate).

Regarding Groupon I would suspect that they do not have a trademark for the name so using Groupola wouldnt be a breach of trademark.

The myvouchercode site hasnt used any brands associated with groupon and the holding page doesn't look like groupons so it would not breach that area of law with regards to passing off.

What it has done is to drive traffic using groupon and then redirecting it to what looks like a holding page. (Technically nothing illegal in doing that either as it is done a lot throughout the site and has also been noted in this thread and others).

Whilst it probably isn't a moral way of doing things I'm afraid that again it isn't illegal.

[wowcher]

Taken from Intellectual Property Office Website

What is trade mark infringement?
If you use an identical or similar trade mark for identical or similar goods and services to a registered trade mark - you may be infringing the registered mark if your use creates a likelihood of confusion on the part of the public. This includes the case where because of the similarities between the marks the public are led to the mistaken belief that the trade marks, although different, identify the goods or services of one and the same trader.
Where the registered mark has a significant reputation, infringement may also arise from the use of the same or a similar mark which, although not causing confusion, damages or takes unfair advantage of the reputation of the registered mark. This can occasionally arise from the use of the same or similar mark for goods or services which are dissimilar to those covered by the registration of the registered mark.

This is the registered trade mark number for Groupon
Case details for Community Trade Mark E8226508

This covers the whole of Europe and this is what it covers
Class 35:
Promoting the goods and services of others by providing a website featuring coupons, rebates, price-comparison information, product reviews, links to the retail websites of others, and discount information.

There is no question Groupola and MVC are in breach of trademark

[unixguru]

I think it is a bit rich talking about Mark ripping off IP, when wowcher is doing exactly the same. Just because you choose less similar URL does not let you off the hook.

[dougs]

Two wrongs dont make a write.

We all know Mark's ethical stance don't we.




Doug

[findlite]

Its called jealousy people.... Its rife in the affiliate world with a massive gulf between the haves..... and the have nots.....

Iv had it with my own website..... People reporting you for xyz even though they new the merchant was helping me on a project hence the reasons.... oh no we will report it to awin and get you suspended because your successful.....

Would they have reported me if i wasnt no1 in my chosen field? If i wasnt a full timer with a nice life? Nope! Not a chance........

The green eyed monster is a really sad thing!

If your crap at building websites dont build them?.... Dont take your pain out on the people who are making it work wonders though!

[dougs]

I beg to differ.......I have done not bad and don't seem to get much slagging

Where is the slagging off of the really really big uk affiliates:

Niel Hutchinson
Jamie Harwood
Duncan Jennings

My guess is most people have never ever heard of them.

There is none, because they do thinks with some ethics.

Doug
Ps sorry guys if I told people you were big affiliates

[dc000000]

There is none, because they do thinks with some ethics.

It was the merchants who allowed MVC to become successful - you can't make commission from a merchant who doesn't pay you commission. Simple as.

The same merchants, for the most part, are still sucking up and also doing deals with your mates that take the p**s out of regular affiliates.

So, there is no moral high ground to be taken in my view?

[dougs]

I have no idea about how these guys run their businesses I just know that they are huge affiliates but no one ever seems to single out anything they do that is wrong.

[dc000000]

I have no idea about how these guys run their businesses I just know that they are huge affiliates but no one ever seems to single out anything they do that is wrong.

Well you don't see many people slating Richard Branson do you? It took one outlaw to bring us where we are today and he has taken his fair share of flack for for it - no I'm not a fan but neither am I naive to think that everyone else is whiter than white.

If I knew 3 years ago what I know now then I would have done exactly what he did - who can honestly say they wouldn't?

[dougs]

Three years ago most of the large affiliates knew what he was doing and did not do it. Read the threads on here. Now the large affiliates still do not do what he does. Myself and Duncan run 2 of the top 5 discount sites in the uk according to hitwise and niether of us do the the stuff mvc does.

Doug

[dc000000]

Three years ago most of the large affiliates knew what he was doing and did not do it. Read the threads on here. Now the large affiliates still do not do what he does. Myself and Duncan run 2 of the top 5 discount sites in the uk according to hitwise and niether of us do the the stuff mvc does.

Maybe, but then would a voucher code model be successful if all that has gone before not happened. If it were so simple then all merchants would have to do would just remove him from their programs and let you and Duncan lead the way.

Just a couple of examples which explain my stance:
1) A well known department store famously doesn't do voucher codes and it's in their terms that they are not to appear on voucher sites. Buy they do - why? The 'official' answer is: "MVC list them anyway so we wouldn't want ethical sites to be at a disadvantage."

2) A common form of email I receive on a regular basis - "Hi, just thought you'd want to know that I manage such and such program and it's a perfect fit for your site. If you'd like I can provide you with some exclusive copy, images and maybe some prizes for your visitors"
"Oh, but there is a 20% discount code on such a such site"
"Yes, but they are on a much lower rate of commission for this"

Get my point?

[dougs]

I know the merchants make it confusing. But the merchants are now in a strange place. They do not want to have codes but some of the large voucher sites can drive massive incremental business even without codes just by adding a link to a merchant on the front page or on an email or facebook page. Note that has nothing to do with ranking in google for merchant names. Effectively the large voucher sites are turning into shopping portals in there own right and the merchants are recognising that. We have had merchants who would not deal with us as we were classed as a vouchers site and they have no vouchers, but now we work together and can deliver hundreds ofincremental sales to them very quickly.

2 the deals will always be different for people who take codes, cashback and can do serious sales volumes . Same as any business.

My issue with mvc as a large affiliate is he has always looked for ways to shaft people and that tarnishes the industry and hence all of us.


Doug

[dc000000]

We have had merchants who would not deal with us as we were classed as a vouchers site and they have no vouchers, but now we work together and can deliver hundreds ofincremental sales to them very quickly.

I don't dispute this - but they also need to be careful that not everyone is interested in offers and vouchers. I've dropped many merchants because I can't compete with voucher sites - they'll have a tough time getting me to promote them again because I'm moving towards a different business model and I suspect a lot of content affiliates are as well.

2 the deals will always be different for people who take codes, cashback and can do serious sales volumes . Same as any business.

Again, this is true, but see above for why this isn't necessarily the smartest way to treat content affiliates.

My issue with mvc as a large affiliate is he has always looked for ways to shaft people and that tarnishes the industry and hence all of us.

True - but in order for there to be a good guy there has to be a bad one.
And it isn't just the one is it?

So, yes, you may be an ethical affiliate - but the unethical ones have helped you whether you like it or not.

[dougs]

We have sadly almost given up on the content business in a pure form as the growth is in:

comparators
voucher sites
cashback

Deals for large affiliates is the same as in any other business, people who go and talk to merchants and drive volume get better deals.

Agreed there are many dodgy affiliates and we probably aren't squeaky clean, but most large affiliates have adapted and try now to be cleaner. even MVC has cleaned up its act, but he has been dragged kicking and screaming.

I helped the IAB set there guidelines for the voucher business and I saw what all the major players said about the guidelines Some publically quoted how good they were, but fought like mad for them not to be implemneted

I don't think the dodgy affiliates have helped us in anyway

Doug

[johnsmith09]

I had the opportunity to work with Pearson and I can be a nice guy but as soon as he hates you he starts to behave like a child by not speaking with you. His company is the worst I've ever worked for it marketing strategy is just about link buying and nothing else. This type of person is killing online marketing by saying that online marketing=search. If you look at its other website groupola, it's just a copy paste of groupon. Mr P should be called Xerox, like the photocopy machines.