More Join Fight to Defeat "Der SEO Führer"

At least one other person has joined the fight against aspiring SEO Führer Jason Gambert by filing a Notice of Opposition with the USPTO today. And I can tell already that I am going to like this girl. Her name is Rhea Drysdale. In her honor, I have created this SEO Trademark Propaganda Poster, what do you think?



I received an instant message today from Rhea Drysdale letting me know that she has joined the fight. After our IM session I had what I can only describe as the wondrous pleasure of reading her blog entry on the subject. This girl has a sense of humor. Much like mine. She even went so far as to fudge around with a screenshot of Gambert's website. Check it out, it's hilarious:



Isn't it great? It's funny, how nobody in the industry wants for the industry to be "saved" by Gambert. Of course, that is because we are all mere minions, and do not know what is best for us. That is why Gambert Longshanks has come to save us all. And Ms. Drysdale's use of imagery continues - likening us worthless minions to Mel Gibson's rebellion in Braveheart. Wonderful!

Anyway, Ms. Drysdale seems pretty ruffled up about the whole situation, as she well should be. And her style is awesome, as she goes through some of Gambert's blog posts and addresses them in her own way, saying his statements "make her ill", among other things.

Kudos to you, Rhea!

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Roundtable: SEM Industry Steps on Slippery Ground

A roundtable discussion featuring ArteWorks SEO CEO Matt Foster, along with Scott Buresh (Medium Blue), Roger Janik (ServerSideDesign), and Frank Siano (eBridge Marketing Solutions) on the topic of the current and future state of the SEM industry was conducted by PromotionWorld. The full roundtable discussion is available here: http://promotionworld.com/interviews/interview/080424Roundtable_page1.html.
Full article here

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SEO Trademark Dispute Gets Ugly

The ongoing saga of the attempt to trademark the term "SEO" has taken an interesting turn, as the applicant Jason Gambert sent two emails today to ArteWorks SEO CEO Matt Foster. In the first email, Gambert implies that he will be filing suit against ArteWorks SEO. In the subsequent email, which is more of a rambling manifesto than a coherent communication, Gambert implies that he has the support of a number of industry leaders, including Danny Sullivan and Doug Heil (both of whom he mentioned by name), and that ArteWorks SEO and others opposing the application for trademark such as SEOMoz are only adding "another scar to the face of the entire industry." I believe Mr. Heil has already made his position on the SEO trademark issue quite clear when he stated on Gambert's blog "I do not approve of the way you have went about this. Trademarking a term in this way and for that term is totally and utterly ridiculous and has not given you any high marks within the community you want standards in." I would love to hear Mr. Sullivan's position on the matter as well.

Ever since ArteWorks SEO made public its intent to fight the ludicrous attempt to trademark the term "SEO" by applicant Jason Gambert the threats have been rolling in. To date, four communications have been received, two anonymous ones, and two from Jason Gambert himself. Before we go into a discussion of the specificity of the communications, some of which are clearly threats, let it be known loud and clear so that everyone understands, including applicant Jason Gambert, that threats and intimidation will not deter ArteWorks SEO from proceeding forward. In fact, such behavior will actually lead to the exact opposite result than is desired by those making such threats, in that it only solidifies and strengthens our resolve in this matter, only making it more clear that we are doing the right thing by opposing this trademark application.

The threats began last Friday in the form of two anonymous comment posts to this blog. One such post threatened that I would be "punched in the face", another, subsequent post, threatened that ArteWorks SEO would be slapped with a $25 million dollar lawsuit. Of course, we have no way of knowing who made these comments (which were not approved for publication on our blog), but we have our suspicions.

Then, today, I received an email from Gambert himself. In it he issues what I consider and what was clearly intended to be a threat. The subject line of the email read "FYI/Defamation", implying some sort of a threat of litigation. It says, in part, "Please advise your attorneys that I have...notated your use of the term Nobody [sic] in regards to me. I also notated your website changes..."

What website changes? Do you mean our blog posts? Thank you for noting them. While you are at it, do you mind noting them on Digg and StumbleUpon, among others? We would be appreciative. Every Digg counts.

And Mr. Gambert, obviously the use of the word "nobody" is nothing more than hyperbole opinion. It is self evident that is not a statement of fact. Unless a phantom filed the trademark application, that is, in which case you don't exist and therefore wouldn't care what was said about anything. Either way, you are fine. So calm down.

It's very interesting. Stunning, actually, that there would be a reaction such as this. Almost as stunning as the fact that "SEO" is alleged to stand for "systems efficient optimization", yet pleas are being made to the SEO community (by which I mean search engine optimization community) to support the application. If it doesn't stand for search engine optimization, why address the search engine optimization community? Why make statements that the purpose is to create a set of search engine optimization standards?

I digress.

In this country we have free speech. I am free, you are free, Jason Gambert is free, to make statements of opinion and hyperbole regarding any topic whatsoever, but especially regarding topics or persons in the public eye. By attempting to trademark the term SEO, Gambert has definitely gotten himself in the public eye. Also in this country we have courts and legal systems in place for the handling of disputes such as trademark applications and the like. And this is exactly where this dispute will take place - in the courts - and not through threats, coercion, or intimidation.

Mr. Gambert, I do not know you personally. Although I feel as if I know much about your character, based on a number of your public actions. Examples include what, in my opinion (and since you are threatening defamation action, let me make it real clear that this is my opinion only, as are the entire contents of the ArteWorks SEO weblog), is best characterized as an extreme bad faith effort to trademark the term SEO and leverage it for your benefit, as well as through your attempts to threaten or manipulate me or anyone else out of using the legal system to protect our rights. Additionally, it is my opinion that you have committed perjury by submitting a trademark application claiming that you have proprietary ownership in the term "SEO", and further it is my opinion that you have committed perjury by claiming that "SEO" stands for "systems efficient optimization" when I believe you know good and well what SEO stands for and that your intentions involve the use of that term in its commonly accepted meaning. This is further validated in my mind by the fact that you have addressed the SEO community regarding this and your intentions to create a set of industry standards, which to the best of my knowledge was conveniently omitted in your trademark application.

Just my opinion.

Later in the evening, I received a second email from Gambert, in which he appears (again, in my opinion) to make clear that indeed his intentions are to utilize the term "SEO" to refer to search engine optimization. This is the manifesto to which I made earlier reference, and in my opinion appears quite narcissistic. The SEO Trademarker Manifesto email in relevant part is as follows (grammar and spelling errors in original).

The "SEO Trademarker Manifesto":

Matt,

Just showing you that I am “Sharp” “Intelligent” “Courageous” and “Fearless!”

Unlike the rest of the “Haters,” “Cons,” “Used Car Salesman” and “Snake Oil Dealers, I have honor.”

It’s just a perfect example of people automatically hating what they fear most…(FEAR ITS SELF)

It would be nice if people would talk to me before automatically assuming things out of their own fears.

I have no problem with you, I don’t know why you have such a big problem with me…

I have not done anything to you, I have not personally attacked you or your business!

You are attacking me, my business, my reputation, my credibility etc. for what?

If you think I am going to send you a Cease and Desist letter, you error tremendously…

Please drop the hatchet already, if all of us are constantly fighting we will never get anywhere.

Believe me it won’t be “FUN” to war with one another, it will be ugly, and just add another scar to the face of the entire industry.

Who needs all that stress, not you, not me, not the industry, and not are pockets especially.

Let’s all come together and do something awesome to clean up all of our reputations as executives!

We are only going to have one shot at this, and so far the PRO’s do outweigh the cons….

Everyone has said, “CANT,” “CANT,” “CANT,” and all I have done is show everyone how seriously I can. I now wish to show

Everyone “WE” can! Every lawyer said it was impossible, it is not believe me when I say this…

When you can’t get one lawyer, NOT EVEN ONE to believe in you, you end up representing yourself.

I think I have done a pretty darn good job, figuring I did what every lawyer said was impossible…

So far “DOUG HEIL,” is the only one with enough courage to step up to the plate.

I have been in contact with “Danny Sullivan” as well!

Oh yes, I almost forgot, and a few well known companies too… ; )

Sincerely,

Jason

Still looking for the rest of the SEO Rock Stars!


At this point, I am tired of writing about this, it is late, and I will let Gambert's words speak for themselves. Draw your own conclusion about whether or not he intends the "SEO" trademark to apply to search engine optimization.

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Press Release Regarding Trademark of Term "SEO"

ArteWorks SEO Files Notice With USPTO Of Intent To Join Fight Against Approval Of “SEO” Trademark
FOR IMMEDIATE RELEASE



Contact:

Matt Foster, CEO

ArteWorks SEO

P.O. Box 1967

Austin, TX 78767

Phone: 512-535-2821

www.arteworks.biz

matt@arteworks.biz



ArteWorks SEO Files Notice With USPTO Of Intent To Join Fight Against Approval Of “SEO” Trademark



Austin, Texas – April 18, 2008 – ArteWorks.net Inc., d.b.a. ArteWorks SEO, today filed its notice of intent to join the fight against an application for trademark which attempts to reserve the phrase “SEO” for use by a single individual “in all computer related areas” including “search engine optimization”. ArteWorks SEO has put the trademark applicant, Jason Gambert, on notice of ArteWorks’ intent to oppose the application through its submission to the United States Patent and Trademark Office (USPTO) of a Request for 30 Day Extension of Time to File Notice of Opposition. ArteWorks SEO’s request was automatically granted today by the USPTO.



The application which is before the USPTO and has been assigned serial number 77171330 attempts to reserve use of the term SEO to the applicant to the exclusion of all other parties. It appears the application contains deceptive information in addition to being a frivolous attempt to leverage an accepted industry term for the financial advantage of the Applicant Jason Gambert.



Among other things, Gambert alleges in his application that his “first use” of the term “SEO” was on or about February of 2007. ArteWorks SEO has been using the term SEO to describe its search marketing and search engine optimization services since at least March of 2004. Additionally, numerous web references to the term “SEO” have been found in the Internet archive and other sources dating back at least as far as 2001. These web references include but are not limited to archived Wikipedia pages and archived pages of numerous firms offering SEO services prior to Applicant’s alleged “first use” of February, 2007.



“ArteWorks SEO, as well as numerous other entities and individuals, have been using the term ‘SEO’ to describe search engine optimization services for years prior to the alleged first use of February, 2007,” stated Matt Foster, CEO of ArteWorks SEO. “The term ‘SEO’ has been around since the 1990’s, and it is preposterous that any single individual would purport to claim ownership of the term. As leaders in the SEO industry, we are proud to stand up and fight against this bad faith trademark application.”



At least one other organization, SEOMoz, Inc., has already filed a Notice of Opposition in the same case.



ArteWorks SEO has until May 25th to file its completed Notice of Opposition, or in the alternative request an additional extension of time.



About ArteWorks SEO



ArteWorks SEO is an internationally recognized search engine optimization firm and a leader in the field of search engine optimization. For more information, please visit www.arteworks.biz.

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ArteWorks SEO to Join in Fight Against Trademarking Term "SEO"

It seems there is a character who thinks he can trademark the term "SEO". ArteWorks SEO is joining the trademark litigation, and it going to be fun laying the smack down on this nobody.

This character, who nobody has ever heard of before, has a name. His name is Jason Gambert. One look at his pathetic website, which I absolutely refuse to link to here, is clearly demonstrative of the absolute pitiful amount of knowledge of SEO this guy has. Take a look at his title tag, which by the way is the only indexable piece of content on the site. It's horrible. Why is there no indexable content on his site? Because it is a Flash site. And this guy claims to be an "SEO".

The United States Patent and Trademark Office has already denied his application at least three times. In his current application, he makes the claim that "SEO" is his rightful trademark and stands for "systems efficient optimization", which is a "process" (as opposed to a service) for the manipulation of keywords and keyphrases, and is not an Internet marketing service. Of course, Gambert contradicts his own application in statements he has made on his personal blog and elsewhere, appealing to the SEO community for support of his application, so that a standardized set of "SEO best practices" can be developed for the benefit of all mankind.

Now wait a minute, Gambert. I thought you said SEO had nothing to do with search engine optimization? Why, then, are you in your personal blog saying that your goal is to create a set of SEO standards? And, by the way, who are you? If anyone is going to be setting SEO standards, it will certainly not be you, a person of whom nobody has ever heard, with no professional reputation, not a single verifiable client (have you ever actually done any SEO for a paying client), and obviously zero SEO knowledge.

Utter hogwash.

The good folks at SEOMoz have already filed their Notice of Opposition with the USPTO, and ArteWorks SEO is in the process of filing its response. The SEOMoz response aptly notes that Gambert's application proposes to trademark the term "SEO" for any and all "computer related services". He claims the first use of the term "SEO" was by him and occured on or about February 14, 2007.

SEOMoz's pleading sheds further light on the arguments against the granting of this preposterous application. It notes that the term "SEO" has been used since the 1990's, and in fact that SEOMoz has been using it since 2003, a good 4 years prior to Gambert's alleged "first use". SEOMoz further elucidates the fact that it appears Gambert has falsified information and engaged in deception regarding his use of the term, including a cooked up logo or icon in which he claims he coined the term "SEO", but which is obviously nothing more than a "phony specimen" which has never been used in commerce and was concocted for the sole purpose of supporting his trademark application.

The SEOMoz Notice of Opposition continues, citing additional problems with the application, providing additional evidence that the term "SEO" has been widely and generically used in the field of SEO (oh wait, am I allowed to say that?), and goes on to describe SEO as a service (not a process as Gambert claims) which is an "essential marketing strategy". SEOMoz lends additional credence to their argument that it is a marketing and not a technological service by elucidating the otherwise-obvious-to-everyone-on-the-planet-but-Gambert fact that SEO is typically paid for out of an organization's marketing budget rather than its technology budget.

What it all boils down to is this - Gambert is trying to make a quick buck by leveraging the right to use the term SEO to only himself and those who he, in his sole discretion, believes meet the standards for SEO "best practices".

As leaders in the SEO industry, ArteWorks SEO is thrilled to join in the fight against this guy. See you in court, my friend.

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Remove Ripoff Report Items With Reputation Management Strategy

There has been increasing press in the SEO industry lately regarding Ripoff Report. It seems these guys are pretty unscrupulous in the way they conduct business, and if you have become a victim of Ripoff Report there are steps you can take to ameliorate the damage.

The Ripoff Report problem has gotten so bad, in fact, that some SEO industry experts are calling on Google to remove it from their listings. It appears Yahoo and others have already pretty much discounted the Ripoff Report (no, I'm not going to give them any link love, you'll just have to look it up yourself) in their indexes, however Google still seems to have a love affair with this site. What this means, if you have become a victim of Ripoff Report, is that unfounded, and sometimes libelous, publicity about your company can appear at the top of the search engines in a search for your organizations name, or the name of its principles. This can be very costly in terms of lost sales and corporate opportunities. However, you are not without a defense against this type of negative publicity.

Any online reputation management strategy involves the creation of content to replace the offending content in the search engine results. Typically, this content can take one of several forms.

Perhaps the best way to deal with negative publicity is to confront it directly through the issuance of a rebuttal. Creating content which states what the problem was, and how your organization resolved the problem to the satisfaction of the complaining party is an excellent source of information to potential customers who will be very interested in seeing how your company deals with customer grievances.

Another way to directly confront negative publicity is to dispute it publicly. As you can imagine, offending blog posts and negative publicity are usually not written from an unbiased perspective, and will likely omit certain important facts. Providing your version of events can help level the playing field and get both sides of the story out there.

Press releases are another good way to get your company name out there and to supplant negative listings in the search results. Releasing positive press about your company can influence public opinion and perception, and can also attract positive commentary across the web.

Creation of blog content is another way to supplant negative listings in the search results. Create useful and informative blog articles, and be sure your company name is included in the article so that you have the opportunity for those posts to rank well for company name searches.

Sometimes bad press can be tough to get rid of, in which case you should consider hiring an expert search engine optimization firm to handle it for you. Select a firm which has experience in online reputation management and is willing to explain to you in plain English the methods they will use and why such methods are effective.

About the Author: Matt Foster is the CEO of ArteWorks SEO ( www.arteworks.biz ), an internationally recognized search engine optimization firm which also handles online reputation management and services to remove Ripoff Report items from top search results pages.

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