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How do you know they do not have an agreement with WalMart to use the name? If they don't, I would feel sure WalMart's lawyers would shut them down. The fact that they have not seems to indicate this is legit.
Sears has done a similar thing for decades with home improvement companies. |
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I would notify Walmart. If this something that Walmart does not know about or allow, I can guarantee that walmart will shut them down pretty quickly.
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RikR, that wouldn't be possible.
I know their history. I've been watching these people for over a year now. they started with a site called: "a save a lot sign .com". they've been doing good till partners got in fight so one of them had to go. the one who left opened up another website called: "save a lot sign .com" (without the letter "a" at the beginning) they've been doing business with that name for a while till few months ago they decided to register another domain name called "walmart sign .com". even now if you type save a lot sign .com, you'll be forwarded to another domain name called. anyway. these people are unprofessional. they don't even have SSL installed on their check out page. they claim that they have offices in Orlando, Florida Houston, Texas Nashville, Tennasee Chattanooga, Tennasee Little Rock, Akansas I typed Tennasee and Akansas as it would show in their website. they didn't even do a basic spell check just call them and ask for their local office in Houston. they'll tell you that it's not open to public and you still have to order through their website. lol , I checked the list of walmart's partner and I couldn't find their name. they don't even have FAQ, Privacy Policy , Copyright Notice, Terms of Service or anything similar. there are a lot of other things that you can notice. |
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Lawyers are the way to go with this for sure. As soon as Wal-Mart's lawyers get a scent of this, there will be cease and desist as well as a probably lawsuit for trademark infringement. Just keep yourself clean, sit back, and have some fun as those lawyers dig into them. They may need a hint at what to go after, but they love trademark lawsuits as well as cease and desist letters.
You could also contact the Better Business Bureau and inquire about each of their local offices. If they really don't have offices there, an inquiry can get the ball rolling for an investigation by someone higher up. Quite simply if they claim offices there and aren't charging sales tax in those states, the IRS is going to want to talk to them. You may also want to make sure that the items that your site has that theirs does not (privacy policy, SSL, etc.) really catch the eye of the visitor. Maybe even a helpful push with the SSL stuff and mentioning that you are and not all of your competitors are. In any event, it sounds like this site has a limited amount of time that it'll be running. Best of luck in the meantime. Brian.
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ToolBarn.com, an Internet Retailer Top 500 and Inc. 500 Company | Tool Parts | Pet Supplies |
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My wife was featured in a video WalMart showed their stockholders at an annual meeting in Bentonville a few years ago. They flew her out for the meeting so she could speak to the stockholders and she had dinner at Mrs. Walton's home with Mrs. Walton.
I have emailed the info on this web site to a contact we have there. I'll let you know if I hear anything. |
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Brian and Rick, thanks a lot for your helps.
this is the email I recieved from walmart.com just a few minutes ago: Dear Rudy, Thank you for your recent email. We appreciate you taking the time to share your thoughts with us. We are aware of the fact that someone is using our company name, URL or domain name (Walmart.com) in an inappropriate manner. We have reported this to our corporate security team and they are working with official agencies to have the offending account shut down, and the perpetrator held accountable for his/her actions. Please rest assured that Wal-Mart Stores and Walmart.com are in no way responsible for, or involved with this incident. We do not condone this illegal use of our name or trademarks. We appreciate you bringing this to our attention and hopefully together we can stop this type of behavior from occurring in the future. Sincerely, Jill Customer Service at Walmart.com |
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That letter is from Cust Service and is form letter. No lawyer is responding to you as it would be none of your business (from a legal perspective).
While somewhat limited relevance, that site has like a 2 million alexa rating ... not really sure if they are taking many sales from anyone. You have notified WalMart ... you are done. Let them deal with it and move on. Arhur |
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while you seems not to be helpful, I'll be appreciated if YOU move on. |
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I got an exciting news today. their website is down now.
special thanks to Brian, Rik and jestep for their time and effort. thanks guys. |
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Congratulations, and happy selling.
Brian.
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ToolBarn.com, an Internet Retailer Top 500 and Inc. 500 Company | Tool Parts | Pet Supplies |
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And congrats on getting the site shutdown, Walmart are about as corporate as corporate gets so I have no doubt that their lawyers would jump on this in seconds.
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