Home » LAW »» Intellectual Property

Your Analysis Needed: Trademark Infringement? Proactiv Solution vs Propassiv Solution (Intellectual Property)

Sat, 27 Jan 2007 23:34:00 GMT

New York State
Just briefly on my case:
I used the acne skin care system, Proactiv Solution (http:.//www.proactiv.com), a product of Guthy-Renker, in June 2005 and over the next several months, I suffered severe outbreaks of skin lesions that I had never experienced before. When inquiring about these severe outbreaks, Guthy-Renkers unlicensed medical support representatives advised me to continue using Proactiv and even sold me additional products that only worsened the situation. Ultimately, I ended up getting professional help from a dermatologist who cleared my acne, although I have been left with permanent facial scars and discoloration on my face.
During this time, I suffered anguish and depression, which still hits me today. I feel very strongly about what happened to me. Therefore, I have created a website called, http://www.propassiv.com, to share my experience with others so that what happened to me does not happen to anyone else.
Recently, I have gotten an email from my domain handler stating that Guthy-Renker's trademark lawyers said that I am violating trademark laws and that if I do not contact them, my domain would be cancelled. I don't agree for the following reasons: a) I'm not advertising or profitting from my site, b) I'm simply sharing my experience with Proactiv with others and using a derivative of Proactiv's images to reference them, c) any rational person coming to my site would not confuse it as being run or sponsored by Proactiv.
Questions:
I understand that Proactiv is a billion dollar company with good lawyers, but I do not wish to shut down or modify my website until I am certain that I have violated trademark laws, as I feel the public should know the possible depressing damages Proactiv can cause. Apparently Proactiv's trademark lawyers disagree with me, so I would like for you, the experts, to visit both http://www.proactiv.com and http://www.propassiv.com and give me your professional opinions and analysis on what you think of this case - violation of trademark laws or not?
And while we're at it, with the information provided, do you feel that my situation warrants a case?
All opinions welcome.
Thank you,
ChrisWhat is the name of your state?

Comments (4) | Promote | Bookmark |

  • Leave a Comment Now.
  • Comments
  • Mon, 29 Jan 2007 22:28:00 GMT(1)
  • Fancy a read?
    http://www.taubmansucks.com/
    You see it this way, they see it that way. A judge will ultimately decide if it reaches that.
    Good luck.
  • Mon, 29 Jan 2007 03:44:00 GMT(2)
  • It does not appear you are violating any trademarks as it does seem you are sharing your experience based on the facts of your situation. I'm actually surprised they're not trying any sort of defamation suit (something you're still not doing as long as you remain truthful).
    That all being said, this company has a LOT of money and can afford a long expensive drawn out court case; can you?
  • Tue, 30 Jan 2007 01:08:00 GMT(3)
  • Quote:

    Originally Posted by ixk1ngxi

    Thank you for your response.
    See, the thing is, if I'm doing something wrong and was not aware of it, and somebody told me to stop and I verify that I am, in fact, doing something wrong, then I would stop.
    On the other hand, if I'm doing something wrong and I know I'm doing something wrong and somebody told me to stop, and refused to, then I would be afraid of the billion dollar company filing suit because I know I'll lose.
    But the fact of the matter is that I am not doing anything wrong. I am excercising my rights of freedom of speech without defaming Proactiv or Guthy-Renker by telling the "facts" of my experience with Proactiv products.
    I'm not a stubborn person nor am I doing this out of anger. I truly do feel strongly about what happened to me and I would hate for anyone to go through what I went through. It was painful both emotionally and physically. I was depressed and changed my whole lifestyle completely (i.e. partied all the time to stayed home all the time, hung out in the city to stayed home all the time, went to gym daily to stayed home all the time). I separated myself from my friends and the things I loved to do most. I know what it felt like and nobody has to go through what I went through...NOBODY!

    You need to understand, though, that even if you win such a lawsuit, you will still be out a LOT of money. A lot.
  • Mon, 29 Jan 2007 08:58:00 GMT(4)
  • Thank you for your response.
    See, the thing is, if I'm doing something wrong and was not aware of it, and somebody told me to stop and I verify that I am, in fact, doing something wrong, then I would stop.
    On the other hand, if I'm doing something wrong and I know I'm doing something wrong and somebody told me to stop, and refused to, then I would be afraid of the billion dollar company filing suit because I know I'll lose.
    But the fact of the matter is that I am not doing anything wrong. I am excercising my rights of freedom of speech without defaming Proactiv or Guthy-Renker by telling the "facts" of my experience with Proactiv products.
    I'm not a stubborn person nor am I doing this out of anger. I truly do feel strongly about what happened to me and I would hate for anyone to go through what I went through. It was painful both emotionally and physically. I was depressed and changed my whole lifestyle completely (i.e. partied all the time to stayed home all the time, hung out in the city to stayed home all the time, went to gym daily to stayed home all the time). I separated myself from my friends and the things I loved to do most. I know what it felt like and nobody has to go through what I went through...NOBODY!
  • Leave a Comment Now.

Intellectual Property Open Questions

Younger than 18?

I'm from Nebraska, USA. I would like to know if a relationship I had with a lady I met on the internet went too far and found out later that she had not told me her correct age (which turned out to be younger than 18) what kind of legal trouble am I in? I'd appreciate someone with actual legal......

YOU WON A FREE CRUISE

I recieved an e-mail on my hotmail account saying I won a free cruise for two. Everything sound good and at the time I believed it was legit due to the fact I registered a few weeks before on-line to win a cruise from Carnival. The e-mail I received saying I won, requested my home/work phone......

You guys dont give good advice!

What is the name of your state? George Where do you guys get off telling one person you're going to charge them $250.00 I went to the Electronic Freedom Frontier and I got this definition of defamation Question: What is defamation? Answer: An attack by speech on the good reputation of a......

YIKES! Client DEMANDING copyright from me!

What is the name of your state? NH I'm a freelance artist. I had a client come to me with an idea for artwork that he wanted. I was very busy so I told him I would have another artist friend of mine do it for him. He said fine. We agreed on 50% payment up front and 50% due upon completion. When......

yet another copyright infringment question

What is the name of your state?What is the name of your state?undefinedWhat is the name of your state? Ca I want to use my own hand drawn sketches of dresses from movies as patterns for hand embroidery(that I do myself) on purses that I have created.( I intend to sell these at local craft fairs......

Yellow Pages Is DEAD

This is the title of one of my advertising campaigns. Would this get the yellow pages lawyers onto my back....would it be 1) A copyright issue 2) Defamation 3) Perfectly fine and acceptable, from as legal standpoints. Thanks for helping!...

Yard Sign Copyright Question

What is the name of your state? PA I own and operate a Yard Sign Rental Business for about 3 years now and all my signs are designed and drawn by myself. Acouple weeks ago I had a local competitor of mine call and say I infringed on his copyrights of two sets of Signs I currently have. I was......

Yahoo protecting identity of domain registrant

What is the name of your state (only U.S. law)? CA An individual with whom I am in litigation with is the registrant of a domain that infringes on my trademark. The registrant has used the domain to post or allow to be posted altered images of myself engaged in a homosexual act among other......

yahoo chat rooms

What is the name of your state? TN...

yahoo auction fraud

My husband bid and won a camcorder costing close to $350 on Yahoo Auction. He sent a money order to the seller. We have never received the item and the seller has cut off all communication with us. The unfortunate thing is this person resides, supposedly, in Canada. Is there anything we can do......

Some questions maybe you're interest in...

renters insurance

[Insurance Law] What is the name of your state? I'm a resident of Maryland. I wanted to get some renters insurance, but, was denied? Does anyone know where I could find someone to give me renters insurance in Maryland from whomever? IT's my first time renting.......

In desperate need of help!

[Real Estate & Property Law] What is the name of your state? GA My bf and I signed a lease for an apt last November. He has now lost his job and we won't be able to make all of our payments much longer. It looks like we are going to have to move home(with our parents). Is there anyway to get out of the lease without ruining.........

tax liability vs voluntary

[Tax Law] What is the name of your state?What is the name of your state?GA Hello, I have been searching the web and have come across some interesting websites. I have sense started reading the IRS tax code and many trials. Here is one of the sites: http://famguardian1.org/Subjects/Taxes/taxes.htm and.........

Can attorneys be expected to help trace/expedite paperwork?

[Immigration Law] We have retained an attorney to prepare and file our AOS/AP/EAD (filed in mid-May; yet to receive even a receipt) and to represent us through the subsequent process. In the main, ours is a routine filing, with no apparent complications. The problem is that I need to travel to attend my sister's.........

SSI/SSD Approved. Back pay questions.

[Government & Administrative Law] What is the name of your state? Texas I was approved for SSD and SSI... Here is the madness. I applied in late April, 2006. Psychiatric claim. I had no income, being recently released from prison. So I was put in for both SSI and SSDI. If I were to be approved before the 6 month wait for SSDI.........

My employer is slandering me

[Accidents & Personal Injury Law] Recently at my job there was a camera stolen from an office. I am very good friends with all of my bosses and we always send e-mails back and forth. I happened to send an e-mail containing a picture of another employee (my best friend) to our boss in which he sent it to a few others as a joke..........

Title Reassignment

[Additional Legal Subjects] Hope someone can perhaps give me a little info about our options in this situation: We purchased a motorcycle from a man (who we will call Jim) who had recently purchased the bike himself, the week prior, from the original owner. After having it a few days Jim realized he would be better off with.........

Income Earned after Filing

[BANKRUPTCY & CONSUMER CREDIT] YOUR STATE NAME - Michigan Is it true that a trustee is not interested in income earned after the filing date? The reason I ask is this past month I have worked quite a bit of over time and I know this is only temporary. I go to my Chapter 7, 341 meeting on 5/28 and I'm not sure if I need to.........

Please help Florida

[Traffic Law] My license is revoked in IL is there any way to obtain a license in Florida or any other state that anyone is aware of ?......

Reentry After Deportation for a Felony

[Immigration Law] Good day. I would like to know if it is possible for me to reenter US after being deported for a drug felony? I finished drug treatment program. After that the judje still gave me a prison sentence and I went in to SHOCK facility which I also finished. After completing SHOCK I was transfered to.........