I May Be Sued For One Word of Coincidence! What to do Next?
image source: pixabayToday, I received a shocking comment from a new Steemit user, @annpablo. She claimed to be the admin of a travel agency who are considering legal actions about a word I used in my post. A single word. Actually it's a combination of 2 words - TriPinas (Trip + Pilipinas).
Their travel agency is called "TRIPinas Travel and Tour Ventures" which is registered at the Intellectual Property Office, according to @annpablo. And they wanted me to delete this word because it's part or their name.
Irreversible Design
I am not sure if they would understand but the post is past pay out and is now uneditable and irreversible. It's on the blockchain. What can I do? Not even a Supreme Being can do anything about it.
Unfortunately, the only acceptable solution for them is either amending my post (technically impossible) or having legal actions against me.
I apologized and promised not to use it again but they would not accept an apology. Their LEGAL TEAM will be reaching out to me. And I know they're serious, they even created a Steemit account to reach out to me.
And I was able to make a travel agency sign up in Steemit #promo-steem! Kidding aside,
I may be sued for a post that I worked on for hours and earned 2.75 SBD and .831 SP author rewards. Life sucks.
And I'm in a country where a small person like me has a slim chance in a flawed [corrupted] legal system.
Coincidence is Sin
My readers would have noticed that I use simple English in my post. I don't have an extensive vocabulary but I like playing with words. I like combining words - Wander Blog, Wander Tip, I'm also thinking of posting with the title BudgEat but would have to check now if that word is registered at an Intellectual Property Office!
I thought of
Trip + (Philip)pines = TriPines
Tri(p) + Philippines = TriPhilippines
Tri(p) + Pinas = TriPinas
I was so stupid to choose TriPinas. My head tricked me. I hate myself!
And this was all for a post title. A freaking post title!!!
I will be sued for trying to be creative.
I will be punished for a post headline.
While there are plagiarizers earning in Steemit, I get this for one word..uhm 2 words combined.
I have always created original posts. I have cited sources when needed. I have worked on for hours drafting my ideas. After all the hard word this is what I get.
Anyone has a solution for this?
Should I just pack my bags and leave because now I have some people watching me (Oh yes they said that they will be monitoring my account)? I don't want to live in fear that someone will just flag me and detroy all I have worked hard for someday.
You may check out the post here
This is seriously depressing for me (on top of all the issues I have). Anyone who knows me here are aware I don't get enough sleep anymore just to build my way here. I'm almost done with this life :(
UPDATE: She replied to me and she wanted me to discuss the matter with their company PRIVATELY. But I refused to because I feel safer here in Steemit where no conversation is hidden.
I also recently learned about a travel show called Tripinas and asked if they also have issues with this. They confirmed that the travel show is now called Tr!pinas because of copyright issues. They must be very powerful to win a case over a television network. And who am I but just a plankton in Steemit. The name was used for a single post headline and it's not even a brand. I blog about travel and random things. The word Tripinas will never be associated with me.
Not a problem. First of all, they need to establish your actual identity to begin any legal procedures. A Steemit username won't cut it. They also need to establish that you own your Steemit account and that you wrote that post.
Let's take a look at the law. The Republic Act 8293, otherwise known as the Intellectual Property Code, provides the legal framework for intellectual property protection in the Philippines. It came into effect on January 1, 1998. Crucial to the concept of an infringement is that the infringing mark is used in connection with the sale, offering for sale, or advertising of any goods, business or services.
In your case, it's absurd to argue that your use of the the term is in relation to an offering of a similar product or service. You were writing a travel blog not offering a tour agency service.
Even if the court somehow allows for that, they need to prove that your usage has caused monetary harm to them and that you have profited from the usage of the trademark. All very difficult and not worth the effort of an actual legal case considering that your post made a very little amount of money. Any potential payout would be linked to a reduction in profits for them due to you using their trademark. In other words, very small payouts on your part (like the value of your post) even if it did go into court.
I'm not a lawyer so take this with a pinch of salt, but my opinion is that this is just scare tactics. No need to worry about it, but you should stop using it.
There's also a possibility that this is a scam. So if they contact you asking you to transfer some sum of money to them in order to stop any legal proceedings or for "peace of mind" on your part, DON'T DO IT.
Now, the term is actually trademarked. Search for it here http://www.wipo.int/branddb/ph/en/
but what I said still holds. It's unlikely that your usage will lead to consumer confusion because you're not offering a similar service, and if they did prove it, any damages are small.
You'd think that the employees of a major company had something actually important to do other than stalking bloggers of using one word in a blog without profiting directly from using it. Not to forget it might just a cheap scam attempt altogether.
Luckily you should be fine as far as I understood from @wilfredn's comment.
Thanks for the encouragement @celestal. I'm confident I did nothing wrong but after this event other fears got in my anxious head, which was also suggested by others - like someone within Steemit may have reported me or is doing this. And I hope that's not true, I hope people aren't that bad. I just feel the need to be more careful because someone may just be waiting for me to make a mistake. And it's depressing...
I understand your concern with it. But I'm sure there would be people backing you up if someone did attack on you.
Thanks a lot @celestal. I'm trying to look at those better scenarios than dwell on what could go wrong. :)
I am sorry to hear this happen to you. I am afraid I don't have any solution but there are numerous coincidence happening in this world. Fear not if you're not doing anything bad. If you don't really know about that company prior writing your post, I think there is still some favor on your side.
Wish you all the best.
Thank you very much for your encouragement. I mean no harm and I have been very conscious of my content.
The platform is young and the nature is unheard of to the people outside Steemit. I wonder what will be the future of laws concerning the blockchain.
I'm so sorry this happened. I hope they reconsider - because there is really nothing that can be done to change it.
I don't know how I can help, but I will resteem, probably someone who has an idea would see this and proffer a solution.
And please don't be too hard on yourself.
Thank you very much for your support and the resteem. My first few months here has really been challenging and getting a legal threat didn't help. But I see the support and that gives me hope here in Steemit.
No good thing ever comes easy. This could be a sentence or paragraph in your success story.
Be strong, don't let your hope waver- even if it does, straighten it back in place ;)
P.S I'm certain you'd laugh about this, and pretty soon too.
Thanks @debbietiyan I really hope so as I meant no harm. And I would like to post a "happy post" soon.
Sorry this is happening to you. It's scary having legal action threatened against you. I wish all the best for you in this so I'm sending my warmest airhugs to you. Keep us updated?
Airhugs back! Thank you for the support. This really scared me. And I will be more careful of words I use in my content. I will keep this post updated and I'll see you at the discord.
I remember that word in your post and it caught my attention as to what it meant. But you really dont deserve what that body is disturbing you for
This is just a bizarre.
Indeed, bizarre and absurd for legal actions to be taken on one word of a single post's title where I intended no harm and was made by coincidence.