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  1. #1
    GreenFriendly.com
    biggedon's Avatar
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    got an email > tm infringement

    Hi

    got an email the other day from the owner of "serverside.net" claiming i was infringing on his trademark, because i own "serverside.org".

    seems their trademark was filed 11/07/2003

    i registered my domain 08/15/03

    do they have a case?

    they have offered $200.00 > i asked for $650
    Need A SedoPro Account PM Me * nev.org * pmm.org * svc.net * ispoof.com * umm.org * sop.net * qfm.net * upyo.com * vioz.com * uce.org * wta.net * eoso.com * Coming Soon: Appraise.xxx

  2. #2
    DNF Addict

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    Re: got an email > tm infringement

    This is a very common term (6.9M google results for "server side"). I don't see how they have any case.
    Sam
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    I'm just waiting 'til the shine wears off.

  3. #3
    Platinum Lifetime Member

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    Re: got an email > tm infringement

    ServerSide.net host websites on servers. And, as FLe8 points out, server side is a common term for the use of servers. I can't see how they could have a case against you, and, further, I can't see how they can hope to claim trademark on a generic term as used for its generic meaning. Someone selling pencils at pencils.net can't legitimately claim a trademark on pencils, for example.
    Dan Norder
    Werewolves.com, Inklings.com, OtherWoman.com and more

  4. #4
    Bloody Hell
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    Re: got an email > tm infringement

    They will settle, it's a matter of time. Sit and wait.

    DomainGang.com - Digital Entertainment for Domainers
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  5. #5
    DNF Regular
    DNGeeks's Avatar
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    Re: got an email > tm infringement

    Your registration predates their trademark application they don't have a chance with you. However they do have a chance of winning if you ever sell the domain or let it drop and someone else gets it.

    Search for some UDRP decisions regarding predated registrations. Also, talk to a competent lawyer about your issue.

  6. #6
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    Re: got an email > tm infringement

    The owner probably decided to serve it on you because s/he couldn't seem to
    get serverside.com. :-D

    Unless the .net already owns the .com, which so far doesn't seem so based in
    WHOIS...
    Vidi, Vici, Veni!

  7. #7
    DNF Addict
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    Re: got an email > tm infringement

    .net doesn't own the .com. Probably why they are coming after you. Like others have mentioned you reg'd your name prior to the TM.

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