Trademark infringements
The Kirby Company has trademarked its name and the names of its products and their features. These trademarks are one of the most valuable assets of the Company. As a Distributor, you are entitled to use these trademarks on a limited basis in association with your business.
You may not use the “Kirby” trademark on the Internet.
CR is responsible for maintaining the validity of and enforcing The Kirby Company’s trademark registrations worldwide. The Kirby Company receives information regarding third parties misusing our marks from Distributors, Supervisors, publishers, consumers and the Internet. Every day, Consumer Relations uses sophisticated software to scan the Internet for trademark infringements.
Typically, an infringer tries to use a Kirby trademark to imply that they are affiliated with or authorized by The Kirby Company to sell or repair vacuums. If you encounter a situation, CR needs certain information for its investigation. If you believe that an entity is infringing on The Kirby Company’s trademarks, provide CR with the following:
- If advertising in a phone directory, a copy of the phone directory advertisement showing the infringement. Also include the current phone directory cover.
- If a store front, photos of the stores signs.
- A serial number of a new Kirby unit, if able to obtain.
- Any information on the owner of the entity.
- Details on how the advertising has affected your business.
- One of the most important pieces of information is the name and contact information of anyone who was actually confused into thinking that the infringer was affiliated with The Kirby Company. If you lost a sale because of the infringer, provide information as to how you lost the sale and the consumer’s name and contact information.
CR determines if the advertiser is infringing on our trademarks. If so, CR will have our outside legal counsel take appropriate action. This usually results in a “cease and desist” letter sent to the infringer.
Bojacking
From time to time CR learns that someone is offering new Kirby machines for sale other than through in home demonstrations, whether by advertising in the paper, on the Internet or in some other fashion. CR investigates to determine if a Factory Distributor is bojacking.
On many occasions, CR discovers through the investigation that the new Kirby unit offered for sale was stolen or lost from a Distributor.
You must immediately report any stolen or lost Kirby units to The Kirby Company’s GSR Department to avoid allegations of bojacking. You must also report stolen units to the local authorities.
If you are found bojacking, you are subject to disciplinary action, up to and including termination.