Or, How to Generate Bad PR It’s ironic, really. I had just finished reading The Cluetrain Manifesto and wanted to check my email before going to bed. About halfway through, I came across a thread which struck a chord with me and, apparantly, with a great many others as well. What was this chord that got struck? It seems that Arai Helmet, using the law firm of Beattie Padavano ESQS of Saddle River, NJ, has found some very disturbing information on the web sites of a great many people. So disturbing in fact that a “cease and desist” letter was sent to those responsible. To quote a portion of that letter,

The law firm of Beattie Padovano, LLC represents Arai Helmet (Americas), Ltd. (“Arai”).

Our client recently learned that you are using the registered trademark ARAI on the Internet without authorization and/or are making reference to Arai on the Internet without authorization.

Absent its consent, Arai will not allow anyone on the Internet:

(1) to use the ARAI trademark or trade name in connection with the sale, offering for sale, distribution or advertising of any goods or services not authorized by Arai;

(2) to use the ARAI trademark or trade name in any website text (visible or hidden), metatag, title, Universal Resource Locator (“URL”), e-mail address or domain name;

(3) to link to or frame or inline images from a website authorized by Arai, or copy from such a website any metatags, visible or hidden text, pictures, photographs or videos; and/or

(4) to otherwise unfairly compete with Arai by use of any unauthorized information, reference or communication, either explicit or implicit, regarding Arai, its trademark and/or its products.

Arai demands that you immediately cease and desist from any such use.  Arai will make periodic spot checks to assure complete compliance with this demand.

If you do not comply, please be assured that Arai will take all appropriate action permitted under the United States Lanham Act, 15 U.S.C. §1051 et. seq., including seeking injunctive relief, disgorgement of profits from you, costs, attorneys’ fees, treble damages and other relief as permitted by statute.

Our office’s mailing address is 50 Chestnut Ridge Road, P.O. Box 244, Montvale, New Jersey 07645.  We can be reached by telephone at (201) 573-1810 or by fax at (201) 573-9736.

Very truly yours,

BEATTIE PADOVANO, LLC

BY:  John R. Holsinger, Esq.

JRH:mvm

What horrendous thing had been done to cause such legal retailiation?  One recipient stated, “All the link says is ‘Arai’, and when you click it, you go to the Arai website directly.  There are no comments about Arai, good or bad, or recommendations of any kind.  It merely points at their own website!” On the face, this does not seem so bad. While the classic caveat, IANAL, “I am not a lawyer,” applies to me, I have always considered a person’s web site to be a symbol of personal expression, their place to say what they want when they want, a right held sacred in the United States. From their responses, quite a few others also feel that way. “I do not think that I would consider buying or recommend Ar** in the future either. There are plenty of other manufacturers with great helmets out there.” “Ar** is now on my ‘don’t buy’ list.” “Get Rid of Your Arai, NOW” Why the strong response? Someone, Arai Helmet, or perhaps the law firm representing them, does not understand what the internet is all about, that the “Web” is built of links between nodes, or web sites. Often, a company will go out of their way to get links to their web site, even submitting to search engines and paying for banner ads. A link is a way for a person to say “I like this” or “I think this is informative.” Yet, here is a company that does not understand this and runs counter to the norm. There is something else they do not understand. Why did I find this so ironic? The book I had just finished reading, The Cluetrain Manifesto, discusses a phenomenon that is happening now that has not happened for a very long time, a phenomenon so powerful that it is changing the face of business. This phenomenon is conversation. The internet is enabling conversation among large numbers of people. The tone is similar in nature to that which happened in ancient markets, where people went to talk as much as to trade. This conversation will not be silenced. It will proceed with or without the participation of business, and whether for or against the interest of the business being discussed. Participation is the order of the day, by both business and consumers. The markets are changing. Business had better listen. The last helmet I bought was an Arai. I am not yet sure if the next one will be. (All trademarks mentioned herein are the property of their respective owners.) Next: Why Arai?