Yellow Toolbox - Trademark Infringement - Customers experiencing problems

Yellow Toolbox have been infringing on our trademark, using the same color palette and hammer imagery and building metaphors in relation to the sale of website design services.

Specifically their advert begins with the phrase "Building a website", with the only image being a hammer, using colors: orange, red and yellow in addition to black white and grey, which is pretty much the entire colour palette of our logo.

We provided warning to Yellow on the 2nd of December, and they replied stating it was a one off campaign that had come to an end. However, they republished their full page advert again in the NZ Herald 2 weeks later.

It is really disappointing that our good brand might be tarnished by Yellows abuse of our trademark. We have had to deal already with some customers who lost access to their email, and experienced website outages, for a period of several days because of what appears to be that Yellow had mishandled their domain name, resetting their DNS for a website address that was already live. They also provided few communication channels to resolve that issue. The help desk associated with Yellow websites appears to be Melbourne, and responds only during Australian business hours. In addition, the domain name appeared to have come under the control of an organisation based in Germany. 

Please do not be fooled by Yellow Toolbox advertising that appears to look like our service. Our service only costs $15-$40 a month for most customers. The Yellow offering costs from $60-$150 a month, and it is does not have the same features that our service has. 

Trade Mark Details
Trade Mark Number (210)	806526     Current Status   Registered
TM Search Text	representation only
Trade Mark Type	Trade Mark Non-Convention, DEVICE
Trade Mark Nature
Use Statement	The mark is being used or proposed to be used, by the applicant or with his/her consent, in relation to the goods/services
Filed (220)	18-MAY-2009
Renewed Until	18-MAY-2019
Marks , Device and Device Descriptors (532)
	3.7.13 3.7.17 3.7.24 3.7.25 29.1.1 29.1.2 4.5.2 14.7.1
Classification System | Class (511) Specification of Goods and Services 9|42 creating and maintaining web sites for others; hosting computer sites (web sites); web site design
Documents
No documents on record or public access is restricted
Proprietor: (730)	Web Widgets Limited . 1/239 Onehunga Mall, Onehunga, Auckland, 1643, New Zealand
Contact : (740)	IPOL Limited . Level 12, KPMG Centre, 85 Alexandra Street 3204, Hamilton, 3204, New Zealand
Service Address:	Level 12, KPMG Centre, 85 Alexandra Street, Hamilton, 3204, 3204, New Zealand
Action Completed Due Journal Published Registered 18-NOV-2009 1566 24-DEC-2009 Opposition period started (journal has been published) 26-JUN-2009 26-JUN-2009 1560 26-JUN-2009 Application Accepted 25-MAY-2009 25-MAY-2009 1560 26-JUN-2009 Filed 17-MAY-2009 18-MAY-2009
Related Trade Marks
No Related Trade Marks found
Objections / Hearings
There are no current objections or hearings present
Last Renewed By
No renewal interest on record or public access is restricted
Proprietor History
No proprietors on record or public access is restricted
Your Selection Criteria IPOL Database Search Collection: Public Trademark Number: 806526

Posted: Friday 16 December 2011

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