International Door & Operator Industry

JUL-AUG 2012

Garage door industry magazine for garage door dealers, garage door manufacturers, garage door distributors, garage door installers, loading docks, garage door operators and openers, gates, and tools for the door industry.

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LEGAL&LEGISLATION; (continued from page 10) examples where one reviewer had allegedly received services from two dozen garage door companies within a couple months. The reviews for certain companies were uniformly (and almost identically) positive, while other reviews were almost equally negative. While anything is possible, the idea of one customer having that many service calls from that many different companies within such a short period of time seemed highly unlikely. Unfortunately, many online customers may not take the time to scrutinize the reviewers to see who is real and who may be fraudulent. Since my last article, the Google landscape has also begun to evolve with the rollout of Google's newest product, Google Plus (or Google+). Plus integrates several of the already existing elements, including Google Places, Google Local, and Google Maps, into what is intended to be a single interface for businesses and customers. New elements for Google+ include "circles" of friends or contacts, as well as Zagat's reviews for certain industries. In reviewing third-party site forums, I have found suggestions that Google+ may lead to less of the "fake reviewers" problem, but it is too early to say what actual changes to the services will actually be implemented. Therefore, like with any online advertising or networking, it's up to each company to look out for your place in the Web. Names and Logos Businesses invest a lot of their time and money to develop "goodwill" or a good reputation in their communities. The concept of goodwill is very simple – it is the intangible value associated with a business. Typically, customers know a business by its name, by its logos, by its slogans, and the like. Those are the things that are most recognized by consumers, and they are (and should be) valuable to a business. IDA members are no different, which is why protecting their names, slogans, and good reputations is so important to them. For many years, door dealers have faced the problem of competitors who fl ooded telephone directories with listings that rang to out-of-area call centers. Typically, those competitors would buy up listings at the beginning of the alphabet – AAAAAAAAAA Doors, and the like – so they could show up at the top of the section. Because a directory listing had to be purchased, and because it required dealing with a sales representative, those competitors couldn't necessarily engage in more egregious conduct, such as acts bordering on trademark infringement. In the Internet age, companies can get away with things more cheaply and more easily, and without much human oversight. Using tools like Google AdWords, they can purchase search engine priority over words, phrases, and even trademarked names that are commonly associated with another company. Even worse, competitors can effectively pose as other companies through the search results or even on fully-generated websites, in a way that confuses customers. As an example, I typed in the phrase "Raleigh garage door" into Google. Once I scrolled past the sponsored links and the Google Places links at the top of the page, the fi rst three company listings generated results that either had no local address, or which had a local address that actually is a mail drop. If there were a "Raleigh Garage Doors" operating in my market, a consumer would never know it. The problem – especially if an IDA member has adopted a geographically descriptive name – is that trademarking laws and regulations are less protective of purely geographic names, and as a result, search engine companies like Google are equally less helpful. We were contacted by one IDA member facing an infl ux of non-local Internet companies who were cybersquatting on the member's well-established trade name. When the dealer complained, Google notifi ed him that because his company name was not registered for federal trademark protection, Google's policies didn't allow it to take any action to fi lter out the infringing ads. In order for IDA members to protect the goodwill inherent in their companies, proactive steps in both the physical and the electronic marketplaces are essential. The most important VOLUME 45 ISSUE 4 2012 Continued on page 14 13

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