NOT Mosquito Authority

Mosquito Authority in Montgomery, Alabama - hammer the authoritative mosquito
“You do not respond to a mosquito bite with a hammer.”

We are NOT affiliated with “The Mosquito Authority” in Montgomery, Alabama or any other “Mosquito Authority” location within or outside the state boundaries of Alabama.

We wish to be perfectly clear on this point.

If you are searching for “The Mosquito Authority in Montgomery, AL“, you are on the wrong website and should exit this page immediately.

Just a Small, Local Mosquito Services Company

River Region Pest Control is a local, family owned and operated Pest Control Service located in Wetumpka, Alabama.

Our specialty service is providing Mosquito Control Services in Montgomery, Alabama and the surrounding River Region.

Again, just to clarify:

  • We are NOT affiliated with The Mosquito Authority in Montgomery, Alabama.
  • We are NOT a Mosquito Authority franchise.
  • We are NOT a Mosquito Authority service provider.
  • We are NOT associated with Mosquito Authority in any way.

What’s all the fuss?

On April 1st, 2016, to be precise, we received an authoritative-looking email with a subject line that read:

U.S. Trademark Registration No. 3,605,556

The email message contained an attached “cease and desist” cover letter (do you despise legaleze as much as we do?) complete with official “law firm” letterhead.

Also included were:

  • “EXHIBIT A”
  • “EXHIBIT B”

For a brief moment, we thought we heard a gavel strike and a voice of authority (whoops! can we use that word?) say, “ALL RISE”!

April Fool!

Surely this was an April Fools’ Day prank?

Nope.

The cover letter read, in part:

“We are concerned that your unauthorized use of the designation “Mosquito Authority Montgomery Alabama” for related pest control services is likely to cause confusion, mistake, and/or deceive customers, and therefore constitutes federal trademark infringement and unfair competition. See attached screen capture at Exhibit B. In the interest of resolving this issue amicably we ask that you cease and desist all further use of “Mosquito Authority,” and that you refrain from using any other name, domain name, tag line, slogan, or other such designation which is confusingly similar to TMA’s federally registered trademark.”

Sounds like these guys mean business!

The letter continued with a deadline date for a response “no later than the close of business on…” blah, blah, blah along with additional legal language that we don’t completely understand, but it sounded rather threatening.

If you are unfamiliar with a “cease and desist” letter, Wikipedia provides an excellent definition:

A cease and desist letter, also known as infringement letter or demand letter, is a document sent to an individual or business to halt purportedly unlawful activity (“cease”) and not take it up again later (“desist”). The letter may warn that if the recipient by deadlines set in the letter does not cease and desist specified conduct, or take certain actions, that party may be sued.

Well, that’s what we thought they meant.

On Who’s Authority?

So, what are they claiming we did?

First, take a look at “EXHIBIT B” (below).

Mosquito Authority Montgomery - Exhibit B - screen capture provided by Mosquito Authority attorneys
Screen capture provided by Mosquito Authority law firm as Exhibit B.

In case it’s difficult to read, we (River Region Pest Control) created a webpage with the title, “Mosquito Authority Montgomery Alabama“.

In smaller text beneath the page title is the sentence:

“We are your Mosquito Authority in Montgomery, Alabama and the River Region.”

That’s it.

We made no claim to be a representative of “The Mosquito Authority“.

We did not use the Mosquito Authority Service Mark, Trademark, logo, logomark, slogan or otherwise.

River Region Pest Control’s business name, logo and other business details are clearly visible on the web page.

Conveniently omitted/cropped from “Exhibit B” was additional language at the very top of the page that states:

Mosquito Terminators® River Region • Authorized Dealer”

This was no attempt to “confuse” or “deceive” customers. Today’s Internet searchers (that’s you) are far too sophisticated to fall for such tricks.

Also, this page was buried so deep in our menu navigation as to be nearly unfindable. This was not another act of “deception”, we simply didn’t deem this an important page.

Sounds like much ado about mosquitoes!

Additionally, our website was barely 3 WEEKS OLD! Give us a break!

True Deception

Now, let’s examine the truly deceptive practices by Mosquito Authority, at the risk of sounding “legal” 🙂 .

If you perform a Google search for “mosquito montgomery al” (and variations thereof), you will receive the search results illustrated in the screen capture below (as of the date of this blog post).

mosquito authority montgomery al - google search screen capture
Click image for larger view.

Inside the red box, the Mosquito Authority website ranks #1. Inside the yellow box, the Mosquito Authority “Google+ Business Page” ranks #1.

Why does any of this matter?

Violation #1

The “Business Name” is “The Mosquito Authority – Montgomery, AL“.

According to the official “Guidelines for representing your business on Google“:

All business locations within the same country must have the same name for all locations. For example, all Home Depot locations should use the name “The Home Depot” rather than “Home Depot” or “The Home Depot at Springfield”.

As an aside, we could find no such business entity registered with the Alabama Secretary of State.

Violation #2

The business location is:

6 Office Park Cir, Mountain Brook, AL 35223

NOT Montgomery, AL!

This Mosquito Authority branch is located in Mountain Brook, AL!

That’s nearly 100 miles from Montgomery!

THAT’S deceptive!

(There are SEVERAL other deceptive practices in play by Mosquito Authority, but this blog post is already too long.)

We didn’t hire attorneys and send threatening letters.

We didn’t report them to Google.

The Big Question

Who has the more legitimate claim of being a “Mosquito Authority in Montgomery, Alabama“?

  1. A Mosquito Control Specialist (that’s us) that’s located in the Montgomery Area Metro Area and who is an “authority” on matters related to “mosquito pest control”?

Or,

2) A business named “The Mosquito Authority” (deceptively named “Mosquito Authority – Montgomery AL“) with a business location approximately 100 miles away?

We removed the original page in question and replaced it with this page so not to “deceive” customers. Bore them to tears, probably. But not deceive.

Our removal of the original page is in no way an admission that we committed any of the acts of “deception”, “trademark infringement”, or “unfair competition” listed by Mosquito Authority’s law firm. Frankly, we consider all of these to be absurd claims and a ridiculous over-reaction (see cover image above).

Lastly, since Mosquito Authority must be monitoring every move we make, we’ll let this blog post serve as our “response” to their email message.

And we beat your “no later than the close of business” deadline date!

Footnote:

Just in case anyone is STILL confused, you can visit the following link to visit the OFFICIAL Mosquito Authority LinkedIn page: linkedin.com/company/the-mosquito-authority