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Unauthorized Use of Competitors Names

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>Date: Wed, 30 Jul 1997 20:01:36 -0700
>From: Tom Krazan <tomkrazan(--nospam--at)>
>Reply-To: tomkrazan(--nospam--at)
>To: seaoc-ad(--nospam--at)
>Subject: Unauthorized Use of Competitors Names
>Please see attachment
>July 29, 1997
>RE:  Wallace-Kuhl's had used your company name on the internet to divert
business to them
>Dear Fellow Professional,
>	As some of you have recently learned, the Sacramento engineering firm of
Wallace-Kuhl & Associates had been using approximately 40 competitors names
in their web site (including your company name and my company).  Our
company names were embedded in an area of the Wallace-Kuhl web site called
"keywords".  "Keywords" are the equivalent of "cross reference words" or
"index words" when doing a traditional library search.  If one of your
clients had been looking for information about your company on the internet
(that is, if they had been doing a keyword search on or - two of the major internet search services), at
least seventeen (17) references to Wallace-Kuhl would have occurred.  That
is, your "company name" was cross-referenced to Wallace-Kuhl seventeen
times.  In my case, Krazan has a one page web site.  So my clients would
have seen only one Krazan page and seventeen Wallace-Kuhl web pages if they
had used one of the above referenced search services and researched the
word "krazan".  The same was happening to you (even if you did not have a
web page), that is, Wallace-Kuhl was included seventeen times in a Yahoo or
Alta Vista search when the search word was specifically "your company name"
(example: dames, earth systems, agra, krazan, kleinfelder; see attached
list of names).
>	Wallace-Kuhl was recently convinced to temporarily shut down their web
site.  However the facts are, since April 29, 1997 Wallace-Kuhl had more
than 650 inquires of their home page and about 100 inquiries of each of the
remaining sixteen (16) pages.  Mathematically, that was over 2200 plus
times individuals had entered the Wallace-Kuhl web site and had viewed
their web information.  Granted, these 2200 plus visits or inquires were
not solely single site visits but it is very obvious the activity at the
Wallace-Kuhl site had been very intense for the last 2 1/2 months.  When
was the last time you had 2200 plus "qualified" inquiries at your last
trade show booth?  The average number of trade show inquiries is 20 to 40.
>	The question is how many of my customers or clients were diverted to
Wallace-Kuhl when they were really looking for me?  How many of your
customers were diverted?  How many potential or future clients now also
know of Wallace-Kuhl when they were really trying to research your firm or
my firm on the internet before doing business?  How many current or
potential employees now know Wallace-Kuhl (because Wallace-Kuhl without
authorization used your trade name and my trade name on the internet)? 
>	This type of web site programming was not an accident nor innocent!
Approximately forty competitors' names (including yours) were included in
their web page construction to specifically divert business from us (all of
us) to Wallace-Kuhl.  And, it was very effective and also at our expense
with over 2200 inquiries.  How could such a small single office firm have
so many people on the internet so interested in just them in the last 2 1/2
 months????  These web site visits most likely were not just random
inquiries but in marketing terms were "qualified" inquiries.  I suspect
industry damage has occurred and it may have been significant.  One of the
companies on Wallace-Kuhl's keyword list, said their web page activity is
only about 80 visits a month.
>The unauthorized use of my company trade name (your company trade name) by
a competitor to specifically divert qualified business inquiries away from
me (us) was wrong, unprofessional, and unethical.   We can possibly comment
to our engineering associations, trade associations, BIA, business
associations, and/or so a situation like this does not
happen again.  The links have just been removed.  Apparently they decided
to use only their name in their web page, what a novel idea!  Maybe we can
send thank you notes to Wallace-Kuhl and express our true feelings of
>Wallace-Kuhl & Associates, Inc.
>3050 Industrial Boulevard
>West Sacramento, CA  95691
>(916) 372-1434
>FAX (916) 372-9065
>Krazan & Associates, Inc.
>Thomas P. Krazan
>(209) 348-2200