Canon Puts an End to Canon Camera Shop
After 2 months and 7 days of operation, Canon Camera Shop – an AWS site selling Canon cameras and accessories exclusively – has been taken down.
This comes after I received a certified letter from Canon U.S.A., Inc. yesterday afternoon. They feel that my use of the domain name canoncamerashop.com conveys a false impression that I am affiliated with or authorized by Canon. They said that my use of the domain name is intended to attract and divert consumers who are strictly searching for Canon’s own site.
They say that my use of the domain constitutes trademark infringement, false designation of origin and trademark dilution (I’m not too clear on what those last two are, to be honest). They say that I am creating the incorrect impression that people will be dealing with Canon when they contact me.
They demanded that I immediately change the name of the website and leave out the word Canon and any other Canon trademark, immediately cease any and all use of the canoncamerashop.com domain name, arrange to transfer the domain name to them and agree to not use in the future any designation containing the word Canon, as a domain name or otherwise in a manner that gives the impression that I am affiliated with Canon.
They wanted to be notified within 10 days of the letter (which was dated May 5). That notification was sent a few minutes ago via fax.
In order to give some idea of my feelings, here was my response:
Dear Ms. -Last Name Removed-,
I received your letter dated May 5, 2005 yesterday afternoon, May 11, 2005.
I will be happy to comply with your demands. I have taken the Canon Camera Shop website down and I have redirected the canoncamerashop.com domain name to http://www.canon.com. If you will initiate the domain name transfer, I will approve it.
I do want to say, however, that some of the assertions that you made in your letter are not accurate. My “use of the Canon name” is not “intended … to attract and divert consumers whose only interest is to search for Canon USA’s own internet site.” That was not my intention at all.
I am a fan of Canon products. I could have created a shop about anything. Yet, I choose Canon cameras and accessories. Not just cameras. Not just digital cameras. But Canon cameras. Why? Because I am a fan of Canon products. I recommend them and use them (I have a Canon Powershot A80). I’m a fan of the company. I keep tabs on Canon’s stock price waiting for a good opportunity to buy. All of that changes just a little bit today.
In the header of all of the pages on that website, you could see “The Unofficial Shop of Canon Fans”. Unofficial because it’s not affiliated with Canon. Fans because that’s what I am. In the footer on every page, you could see “We are in no way affiliated with Canon Inc. We’re just fans of their products.” Again, not affiliated and fans, which is 100% true and not at all misleading.
This was a fan shop for Canon products. I was considering creating a community for Canon fans in the future because I generally create websites about things I like or things that interest me. But, in line with your demands, I have now agreed not to buy a domain name with the word Canon in it ever again. And so, another thing changes. My admiration of the company changes, as well. You can consider me one Canon fan changed, for whatever it’s worth.
Even though I am disappointed in this development, I am still a fan of Canon and I would still like to promote your products. I would like to know what the rules are for doing so. Can I promote your products as long as the domain name is generic? Please let me know.
I will await the domain name transfer request e-mail. In addition, if you have any questions, please do not hesitate to contact me at patrick@ifroggy.com.
Sincerely,
Patrick O’Keefe
I’m not going to fight because… well, what’s to fight? They are right about some things. I am using their trademark in a domain name. I understand that. If they want it, they can take it from me. I also understand (or have heard) that if they don’t defend their trademarks, they can lose them.
At the same time, I’m being dead honest: I’m a fan of them. All I was doing was promoting their products. I was not trying to… confuse people, steal their traffic and so on and so forth. Never even entered my mind. I wouldn’t do anything like that because I couldn’t in good conscience.
If I was them, I would want people to do what I was doing. I mean, I could understand it more if it was a valuable domain. Perhaps canon.com or canonusa.com or even canoncameras.com (which redirects to http://www.uniquephoto.com?) But, canoncamerashop.com? I didn’t even like the name very much when I bought it. But, I wanted to start a fan shop for Canon stuff because I liked them and it was the best I could find.
So, where to from here? I still have the design and it is entirely possible that I will open a generic camera shop – but, this one won’t just sell Canon stuff.
(Screenshots of the site as it was when taken down: Top - Bottom.)
.jpg "SodaRatings.com")
May 12th, 2005 at 2:54 pm
Why does UniquePhoto.Com get to have their Cannon domain point to their site? It’s not even 100% Cannon products on that page. I’m not a real big fan of Cannon anyway, I don’t think they make the best products. However I think you probably had legal rights to keep the domain and use it for non commercial use. But that would not had done you any good anyway and probably would land you in court.
May 12th, 2005 at 3:02 pm
I don’t know… maybe they have some sort of deal worked out with them. Or maybe Canon doesn’t have as much of a problem with redirects.
If it comes down to it, I suppose am using it for "commercial use" anyway, so I’d still lose it.
May 12th, 2005 at 3:07 pm
I took just a minute to find these other domains that include Cannon:
1-best-cannon-printers.com
cannon-cameras.com
cannoncamer.com
cannoncamcorder.com
cannoncamcorders.com
cannoncamra.com
cannoncamaras.com
cannoncamer.com
Many of these domains are clearly based on people typing the wrong letters for the Canon website. Which I could see Cannon having a problem with. So why go after one person and not everyone?
Upon doing a little more research it looks like they may have done the same thing to cannon-accessories.com as it is registered to Canon but there isn’t a site active.
Go look at Nissan.com for more info.
May 12th, 2005 at 3:11 pm
It’s understandable that they sent you the cease and desist letter. It is copyright infringement. You were using another company’s name to help you make money. It’s as simple as that.
I think you should ask them to reimburse you for the price of the domain and then register a new one without any company names in it and open the shop back up.
I’m sure you can still list only canon products, providing the domain doesn’t use the word canon, so in effect you’ll still have a canon fan shop. But check with them beforehand :-)
As least now you know not to register any more domains with other company names in them :-)
May 12th, 2005 at 3:24 pm
I’m not interested in having a Canon fan shop, anymore. Maybe a camera shop. Maybe one day. Maybe not. I don’t know.
I was using their name because I sold only their products, that’s all. I wasn’t using it to help me make money (if money was all I wanted, I could have launched a camera shop with all brands and I would have made more). I’ve always been about more than money. Nothing to do with profiting off their brand or stealing traffic from them or anything like that. I mean, I could see how someone might think that… but, that’s just not me.
This isn’t going to stop me from registering available domain names that are the best I can find for the sites I dream up or ideas that I have. Not all corporations act the same. One experience with one company is not going to make me not want to make a site or community dedicated to a company that I and others are a fan of.
May 12th, 2005 at 3:53 pm
One thing to consider is that Corporations are forced to defend thier trademarks against any and all violations. If they don’t aggressively defend their trademarks against all infringements they hurt themselves when they try to go after others who misuse their trademarks. This task is probably almost an automated response from their legal department. If you had gotten their edorsment first that would be a diffrent case. Aside from all that, it sucks that you were supporting them and then this happens. Good luck on your other projects.
May 12th, 2005 at 5:58 pm
If it was an AWS site, then it’s there to make you money. I know you didn’t register it with the intention of using their brand to help in that, but I’m sure that’s the way they saw it.
I still think you should steer clear of using registered company names in your domain names, as it’ll most likely lead to the same result.
Just my 2 cents.
May 12th, 2005 at 8:49 pm
I see no problem with the site. It clearly says "The Unofficial Shop of Canon Fans" at the top of the page. As Josh said, why "attack" one person/site when they’re a couple other sites with the name Canon in the URL/Name.
My thoughts…..
May 13th, 2005 at 11:30 am
Keith has pretty much nailed it. Canon is required by law to go after trademark violations, otherwise they lose it. That’s why Adobe doesn’t like it when you use photoshop as a verb. Didn’t they publish a whole ‘correct-use of the Photoshop term’ article sometime?
If you had asked them before, you might have gotten permission, but it’s too late for now anyway :p
May 22nd, 2005 at 4:24 pm
Sorry to hear about this Patrick. I’m sure it is difficult to have to give up a site that you put time and effort into building.
Did they send you any clarifications on how you may use their name as you requested?
May 22nd, 2005 at 4:51 pm
Thanks Toni. Actually, they didn’t answer my letter at all besides an e-mail telling me that they were initiating the transfer and another e-mail after I approved it saying thanks.
June 13th, 2006 at 5:13 pm
I want to buy canon camera in dubai
the model is 30D .Where I can buy.please let me know.