Notice of service mark infringement

[tonyfloyd]

Hi all....

Just got an email regarding this about one of my domains......im not wanting to discuss this in a public forum...unless we do it in code...lol...but what do i do?

I can PM more info...

Thanks
Tony

[biggedon]

a letter or email is just a notice.

it expects you to take some action and is the first step in the process of recovery for the claimant.


if you know it's infringing or agree that it could be infringing, then just give them the domain.

create an account and push the name there and send them the log-in details.

or respond by telling them that they can initiate a transfer request if they wish and you will approve it.



if you don't feel it's infringing and or if you have plans to develop as non-competitive or anything similiar in nature to that business.
then respond to them in such a way, with detailed plans for your project.




imo...

[tonyfloyd]

a letter or email is just a notice.

it expects you to take some action and is the first step in the process of recovery for the claimant.


if you know it's infringing or agree that it could be infringing, then just give them the domain.

create an account and push the name there and send them the log-in details.

or respond by telling them that they can initiate a transfer request if they wish and you will approve it.



if you don't feel it's infringing and or if you have plans to develop as non-competitive or anything similiar in nature to that business.
then respond to them in such a way, with detailed plans for your project.




imo...

bigge...thanks...ok......more info:

my site is a developed site....has been for over 6 months...part of email..

1. Cease and desist from continued infringement of our mark;

2. Transfer the xxxxxxxxxx.com domain name, and any other confusingly similar domain name(s) or other business using our “xxxxx” mark brand.

[HuntingMoon]

are they reverse-hijacking you or is the name potentially infringing?

[tonyfloyd]

are they reverse-hijacking you or is the name potentially infringing?

no reverse hijack here.......i just cant believe that someone can own....or have a TM on these 2 words.

[INVIGOR]

You would be amazed what can be trademarked! What freaking blows my mind is that 9 out of 10 times its not the actual words, but the "DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS". Well sh it, anybody can come up with a design that incorporates everyday words!

[WeBuyThe.Com]

.i just cant believe that someone can own....or have a TM on these 2 words.

Are you sure they do? http://www.uspto.gov and search it out

[INVIGOR]

Ok, maybe not 9 out of 10, but you get my drift...

[tonyfloyd]

Are you sure they do? http://www.uspto.gov and search it out

ok...checked it...shows that these 2 words have a "Live" TM...however...the owner of this TM is not even the ones coming after me???....wtf???

[tomsa]

Are the keywords generics ?
Do the TM holder use the brand in a descriptive manner (example sellhouses.com to sell houses) ?

[tonyfloyd]

yes....keywords are generic.......and yes...to 2nd part of your question..

[buymynames]

Hi Tone.

PM sent.

[biggedon]

bigge...thanks...ok......more info:

my site is a developed site....has been for over 6 months...part of email..

1. Cease and desist from continued infringement of our mark;

2. Transfer the xxxxxxxxxx.com domain name, and any other confusingly similar domain name(s) or other business using our “xxxxx” mark brand.

i have never seen this statement in an email or letter, where they ask...

"and any other confusingly similar domain name(s) or other business using our “xxxxx” mark brand."

all correspondence will typically note a specific domain, as it is not up to you to determine what infringes on their mark.

that burden rests on the tm holder.


imo...