Comments on: Florists vs ProFlowers: Score One For The Little Guy

By: cdd

cdd — Thu, 22 May 2008 06:48:01 +0000

I hope you’re right, and I hope EVERY florist who reads this who has their own blog or website will link to this page or the Florist Detective page. The Bloomery missed a huge opportunity. Had a lawsuit been filed they would have had the support of the entire florist community (I, for one, would have contributed up to $1000 for their legal defence).
And they would have won, guaranteed. To say that it was “trademark infringement” is the most laughable part. Comparative advertising is a valid exception to trademark law.
It’s just sad that ProFlowers’ lawyers scared them into submission. Where are the lawyers who are telling ProFlowers to stop saying “skip local florists because they don’t care about you” or “you don’t LOVE your recipient if you use a local florist”?

By: Ryan Freeman

Ryan Freeman — Thu, 15 May 2008 15:35:34 +0000

I don’t think the work has been wiped out.
That video was viewed 32,000 times. That’s a lot of people seeing what PF really delivers.
Additionally, florists realized the power of their combined strength as PF tried with various SEO tactics to bump the video, then had to resort to the lawyers. If challenged, I’m confident their claim would not have stood up.
The story is gaining awareness, and the Florist Detective page on the issue is ranking highly for ProFlowers name, as is this blog entry.
After years of taking punches from ProFlowers, florits hit back and it hurt. I think they scored one, and will be back with more.
Ryan

By: Anonymous

Anonymous — Thu, 15 May 2008 14:51:09 +0000

Sorry, but how is it “scoring one for the little guy”? The Bloomery put up this video that was ACCURATE, over the last year many independent florists linked to it, which moved it to PAGE 1 of Google for the search term “ProFlowers”, which IMO was a public service, because ProFlowers covers up the problems that come with flowers that come shipped in a box.
Then, once ProFlowers starts feeling the sting, they send their lawyers who throw around words like “trademark infringement” to frighten this little florist into taking down the video (and wipe out all the hard work all the independent florists did in linking to it from their sites).
ANY two-bit kid out of law school knows that the use of the trademark “ProFlowers” in the Bloomery’s case was WELL within legal usage. But unfortunately, my guess is that whoever runs the Bloomery just fell for the scare tactics and ran with their tail between their legs at the first sign of saber rattling.
Score one for the BIG guy.

By: V Cripps

V Cripps — Thu, 08 May 2008 10:21:39 +0000

Well written, well stated. I’m a consumer. I don’t shop at Wal Mart. I don’t support Dell, and Pro Flowers falls into the same no shop zone for me.