Hall of errr...CoNfUsIoN
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This page was created due to multiple complaints of CoNfUsIoN! Several of our customers or fellow soapmakers have called or e-mailed us because they are quite honestly confused whether some of the below listed entities (bottom of page) they came upon on the internet were some representation of us, an affiliate of ours, or supplier of our products or not. This type of confusion, unfortunately, is what tends to happen when others use your company name illegally in one form or another, or use it as a domain name that coattails off another's name--even when their own company name is nowhere near similar to what the domain name is that they are using. Confusion ensues! Sometimes accidental, sometimes deliberate. We sympathize, Customers! So to help you... We decided to post this page to set things straight on who is, and who isn't "us" ...the real, the since 1994, ...Simply Soap. This website you are now on- www.simplysoap.com is the REAL and OFFICIAL Simply Soap website. We own the trademark on the name - Simply Soap - Registered owner, Carol Ochs. Serial Number 75686743, Registration Number 2379053 You can check the USPTO database to see for yourself www.uspto.gov Go to the Trademarks database link (left margin). Put "Simply Soap" in quotations in the advanced search box form. Voila! There we are! This is what you will find:
We took the time and went to the expense of trademarking our company name because we have worked hard and are proud of our product and ALL that went into creating it over 14 years ago. We want to protect our products and the good name that represents them. We only wish others felt the same sense of dedication, individuality, professionalism, and honor about choosing and branding their own company identity, ....enough to have their products stand on their own good (and unique) name...not ours. As well as take the time and make the effort most professionals do, to make sure they are NOT infringing by researching the USPTO Trademark Database www.uspto.gov PRIOR to name choice to make sure they aren't taking a name already in-use. There is no lack of information available about this at soapmaking forums, listserves, in soapmaking books...all the usual places and sources soapmakers learn to make soap and/or even start a business and socialize with other soapmakers these days. There really is no excuse to "not know better" and the hazards of infringement are usually pointed out by most County Clerks upon even obtaining a business license or filing a DBA! It's a cardinal rule in ANY business, not just soapmaking...do not choose & use a name already in-use! Those who DO TM their name have every right to enjoy that Federal protection and exercise it. So when you infringers get caught and become insulting, rude and obnoxious about it, you really only have yourself to blame for it happening in the first place. Don't take it out on the person you infringed upon, just because they were professional enough to do it right in the first place and now ask you to stop using THEIR TM'd name. Consider yourself lucky if they contact you themself and ask you to stop .....vs. hearing from their attorney! Would you not do the same to protect a name YOU went to the trouble and expense to TM??? We are posting here names of reported individuals/sites who have caused this CoNfUsIoN with our customers by using our trademarked company name either in infringement (despite being made aware, or in-process legal proceedings) or in ways in which they direct traffic to themselves in a coattailing manner. We have tried the "let's be reasonable, we caught ya, please cut it out", mano-y-mano route, prior to pursuing legal avenues with those who are breaking the law and causing this problem. We support the entire ethical soapmaking community, (we personally buy soap from many soapmaking companies ourselves, for fun, pleasure, love of good soap, and mutual support of fellow soapmakers) and encourage customers to enjoy buying soap in it's MANY varieties from whomever they please! However, we personally do not patronize companies that use unethical methods, infringement, or name coattail-riding and do so deliberately, despite our requests to them to cease and desist using OUR trademarked name in their own company name/presence or marketing campaigns. We feel this way not only about our own TM'd name, but in protection of others whom we know to be suffering TM violations as well. In addition to what is LAW, as a court of public opinion, TM and copyright infringement must NOT be tolerated! It's our opinion that it's pretty sad and pathetic that people can't build a solid business following off their OWN product's quality, reputation, and NAME.... WHY do they try to use OUR trademarked name as part of their business in any way, shape or form, especially once informed!? You'd *think* they'd be embarrassed to be doing so if they were genuine professionals! Ya gotta wonder..... Many do so specifically FOR the confusion factor though. In our own efforts to remedy this ongoing problem, we suspected "ignorance" was part of the issue and so we long ago created this informational page on our site: http://simplysoap.com/infringement.htm to teach other soapmakers how to NOT infringe. Amazingly, we STILL hear excuses from many infringers, including some of the ones listed below, with comments like: "I'm just a little company, how does it hurt you if I use your name?" In our experience, most infringers knew full well what they are doing, they just didn't expect to either get caught, or to have us confront them. What many uneducated or unethical business entities don't seem to grasp is that when you go on the WWW (World Wide Web) you are no longer little, .....you are GLOBAL, and anything you do (under another's identity) represents THEM! So if you make really awful soap, the REAL Simply Soap, *US*, takes the rap for that from a customer who sees the name "Simply Soap" on the label, or some very close version of the name--enough as to be mistaken, and then looks us up on search engines to contact us to complain...even when it was not our soap that hurt them! (Yes! This has happened to us on more than one occasion! In some cases it's been soap names similar to ours that customers think are distributors of OUR products or somehow affiliated with us.) But it doesn't matter if you make good soap, bad soap, are a small or large entity in size or ambition. Using another's trademarked name AT ALL, is illegal, it is THEFT! PERIOD! This is why there are copyright and trademark laws. I've even heard excuses such as: "It wasn't even me who picked the name, it was my friend's daughter who picked it!" If it's YOUR company, the buck stops with you. You can't blame TM infringement on someone else who you let name your company, and between the two of you, no one had the sense to check to see if it was already in-use or not. If you're going to play at having a business, you are expected to play by ALL the rules. Pleading "ignorance" just doesn't fly. Don't expect the ones you infringe upon to have patience with that excuse, ...nor a court of law. So please, Dear Viewers, we ask that you consider what exactly you are supporting if/when you patronize the disregarding behaviors, confusion, or mis-use of our trademarked name by buying from others who do this sort of thing..... Buy from others if you wish, we support the soapmaking community at-large, ......but please do not support unethical practices. We take tremendous pride that the business we run is not only built on a good product, but an ethical means of conducting ourselves as a business. For us, that means EVERYTHING! We hope you find value in that integrity as well! We're just trying to make a living honestly and we expect no less from anyone else. We strongly encourage anyone with questions on how to avoid infringement, please make use of the many resourceful links and info. provided on this page we created, it can save you and others a whole lot of headaches: http://simplysoap.com/infringement.htm We created this Hall of CoNfUsIoN to hopefully help remedy some of our own headaches...a page we hope to one day not need at all! ------------------------------------------------------------------------ Beware of confusing sites! These entities listed below do not carry our Simply Soap products nor are we affiliated with them in any way whatsoever. And we're sorry for any confusion they cause(d) you! Thanks for telling us though and bringing these sites to our attention! We will continue to add to it as we are made aware of others who use our name "Simply Soap" illegally. simplysoap.blogspot.com
We will happily remove any names promptly as soon as their mis-use of our name is no longer evident. simplysoap@aol.com ------------------------------------------------------------------------- If you are aware of others using our name that have confused YOU, too, please contact us. We are happy to keep your identity confidential if you wish. Thank you! simplysoap@aol.com ~ Carol Ochs Simply Soap - Registered owner in the USA, Carol Ochs. Serial Number 75686743, Registration Number 2379053 P.S. We are aware there are others who have trademarked the name Simply Soap in other countries. We only hold the Simply Soap trademark in the USA. So you don't need to report those to us, thanks.
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