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Old 07-14-2003, 03:59 PM   #1 (permalink)
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Question/ Help

Hello,

I recently received letter from Universal Studios telling me that my domain ecitywalk.com is in violation of their trademark.
They want me give up the domain and transfer the ownership to them. I know that they own a place/property called CityWalk but Am I in violation of the trademark with ecitywalk.com?

What should I do?

Thank You
Steve
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Old 07-14-2003, 04:08 PM   #2 (permalink)
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I see two tm. Plus, 2 that are similar.

It looks like you are operating a web based retail store on your site. www.eCityWalk.com

I will let the tm lawyers comment on it.

Good Luck.


Word Mark CITYWALK
Goods and Services IC 036. US 101 102. G & S: real estate management and leasing services and shopping center services. FIRST USE: 19930915. FIRST USE IN COMMERCE: 19930915
Mark Drawing Code (1) TYPED DRAWING
Serial Number 74371821
Filing Date March 25, 1993
Filed ITU FILED AS ITU
Published for Opposition September 7, 1993
Registration Number 1867787
Registration Date December 13, 1994
Owner (REGISTRANT) Universal City Studios, Inc. CORPORATION DELAWARE 100 Universal City Plaza Universal City CALIFORNIA 91608
Attorney of Record ANNE B. NIELSEN
Type of Mark SERVICE MARK
Register PRINCIPAL
Affidavit Text SECT 15. SECT 8 (6-YR).
Live/Dead Indicator LIVE



Word Mark CITYWALK
Goods and Services IC 019. US 001 012 033 050. G & S: Hardwood flooring, namely, flooring made of varying types of trees, which includes ash, oak, maple, birch, mahogany, cherry, bamboo and walnut. FIRST USE: 20010430. FIRST USE IN COMMERCE: 20010430
Mark Drawing Code (1) TYPED DRAWING
Serial Number 76330111
Filing Date October 26, 2001
Published for Opposition April 16, 2002
Registration Number 2591542
Registration Date July 9, 2002
Owner (REGISTRANT) Fortune America, Inc. LIMITED LIABILITY COMPANY CALIFORNIA 2128 Adams Avenue San Leandro CALIFORNIA 94577
Type of Mark TRADEMARK
Register PRINCIPAL
Live/Dead Indicator LIVE
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Old 07-15-2003, 09:39 PM   #3 (permalink)
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Hi,
I have to say no I dont think you are in violation, the primary reason being that you are not operating in a class covered by their TM.

All the same, get yourself a cheap lawyer to battle them, if they want to file a dispute resolution then thats up to them, but again, since you havent registered it in bad faith I doubt very much they will win.

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Old 07-16-2003, 12:16 AM   #4 (permalink)
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"get yourself a cheap lawyer to battle them"

You'll find them in the Yellow Pages under "Lawyers, Cheap".

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Old 07-17-2003, 01:45 AM   #5 (permalink)
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nice one John
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