Amazon.com is in another lawsuit, this time being sued by Video Professor over trademark infringement from Amazon’s ads through Google AdWords.
If you are not familiar with Video Professor, it is an education company that sells instructional videos and information on popular computer software.
The complaint alleges that Amazon violated the trademark right of Video Professor by running ads with Google that appeared when a user searched with the query “video professor”. Video Professor argues that:
“It is highly likely that a user that Google’s the words ‘Video Professor’ searching for products sold by VPI (Video Professor, Inc.) might click on the Amazon.com link,” the complaint alleges. “It is equally likely that once directed to the Amazon webpage having the name Video Professor at the top of the page, the user would purchase the CD-ROMs offered under the name ‘Professor Teaches,’ believing VPI to be the source of the products.”
What probably sent Video Professor over the edge is when they found that the first six or seven products listed on the landing page at Amazon that the user was taken to were actually for Professor Teaches products, and not Video Professor.
Similar complaints have gone through court, and I believe that Amazon will win the suit, especially since they did not include the trademark “video professor” in their ad copy. What is different in this case between Amazon and Video Professor is that one retailer is suing another, rather than a retailer suing the publishing company (Yahoo). (I tried to find a lawsuit between the retailers in the case I mentioned, but I couldn’t find one).
However, a few companies obviously aren’t aware of the pending lawsuit by Video Professor (or they really like tickling the dragon’s tail)…
"Video Professor" query on Google
Video Professor has made legal waves in the past when they sued infomercialscams.com for the personal information of the users that left anonymous, poor feedback, which they believed was created by their competitors. Considering that their business model operates under a continuity sales model, where tutorials are sent out and billed for automatically until the member cancels their subscription, it is VERY possible that those reviews were just annoyed customers who were surprised when they got billed automatically.
No, I’m not going to dive into the argument of whether or not Video Professor’s business model is sound.
I will, however, go into the customer service issue.
Writing poor reviews of other companies are time consuming and expensive, and it is usually very easy to see it when one company is slandering another
“The Origami Company sucks. Paper Folders of America rocks. Buy Paper Folders of America’s stuff and stay away from The Origami Company, even if your favorite Grandmother’s bridge-partner’s cute daughter works for The Origami Company, because, well, they suck.
Ouch… just spilled orange juice on my paper cut again…”
Sure, it happens. But it gives you the upper hand and the ability to rise above the criticism. However, when there are poor reviews that all target similar issues (such as your billing practices), take it as a sign that something may need to change with your business or your sales message.
I can’t speak to whether or not Video Professor’s actions follow in their CEO’s words, but hopefully they do truly care about their customers.
Now, you’re not going to make everybody happy all the time.
But if you are not clear to your customers on
- What they should expect in their relationship with you
- What they are agreeing to
- The benefit of what you are providing them
then you have a problem.
It is your job, as a business owner, to care about your customers and your reputation. And no, suing the people who don’t like how you do things is probably not the way to build goodwill.
-Kris