trade mark issue

**Leading Names** · 07-09-2003, 11:20 AM

Trademark issue

Hi all,

Iâ€™ve been sent a pm from URL (no space) collection asking me to change my username URL (space) Collection as he says it is trademarked.

I can understand him wanting me to change my name as I was unaware that a URLcollection already existed at dnforum, however Iâ€™m currently having a site built for me www.urlcollection.co.uk, will I still be able to use this name?

Are there different types of trademark as Iâ€™m based in the UK whereas www.urlcollection.com is based in the US? Also would trade marking a name go so far as to stop me using that name on a forum board?

Any friendly advise appreciated

Thanks

URL Collection (for now!)

**Mr Webname** · 07-09-2003, 11:31 AM

Seems to me that you've just made a bad choice, like others have done in the past and no doubt will do in the future.
Your name on the forum is confusing - it confused me recently. However the most serious would appear to be the "urlcollection" website. I would think that THE urlcollection would object to your setting up the co.uk version as it could cause serious misunderstanding leading to loss of business.
My personal opinion is that this is one case where you should back down in both instances ie Forum name and site name and make changes while it is not going to hurt you to do so.

**Leading Names** · 07-09-2003, 06:41 PM

Thanks for the above Mr Webname,

I am a little confused.

I looked in the US trademark site. And, I don't see a trademark
on urlcollection or url collection or urlcollection.com

And, I don't see a (R) or (TM) on their site next to their name.

Does a trademark actually exist?

as always any help appreciated

**Anthony Ng** · 07-09-2003, 07:40 PM

Perhaps our lawyer members could tell you more, but it may just be a common law trademark which is not allowed to display that ® symbol. On the other hand, not displaying that ™ symbol does not mean that it does not carry a trademark.

**jberryhill** · 07-10-2003, 12:06 AM

The existence of a trademark right is not determined by what is in the USPTO database, or by the use of magic symbols. It is whether the term has come to distinctively signify among consumers a particular entity as the source or origin of goods or services sold in association with that term. In other words, one of your best "trademark databases" is Google, not the USPTO.

As for your .co.uk name, think practically instead of legally. There is already an established business known as URLCollection. If you want to establish a similar business, then why use a name that might cause people to confuse your business with theirs? This works both ways, you know. If you are wildly successful, then do you want to lose business to people who type ".com" instead of ".co.uk"?

DISCLAIMER: This is not legal advice. I have represented URLCollection.com in a prior matter. I am not engaged in a representative capacity for the purpose of this posting. As one data point, when I saw that your dnforum name was "URL Collection", I intially thought you might be them.

**URLCollection** · 07-10-2003, 03:50 PM

Thank You for the post on this one John - It appears that we have come to an agreement and are just waiting for Robin to send us the details and we should be all set. I think that the moderators here at the forum, are working on the user name change and that will complete this issue. Thanks again for the support. Steve

**Leading Names** · 07-10-2003, 05:04 PM

Thanks for your comments /advise. This matters is now in the process of being resolved. My username will be changed to URLTrader and my website domain will be www.urltrader.net.

Thanks for the comments, suggestions and advise!

**URLCollection** · 07-10-2003, 05:08 PM

Thanks for solving this serious matter with us URL Trader - We have sent all the details to you for transfer and appreciate the help - Thanks again - Steve

**GiantDomains** · 07-10-2003, 05:09 PM

Originally posted by URL Collection
My username will be changed to URLTrader and my website domain will be www.urltrader.net

Nice domain! I'm glad to see you resolved this on your own. To initiate your name change, please PM NHLRat.

Thanks to all parties involved.

**URLCollection** · 07-10-2003, 05:12 PM

Thank You Giant Domains - Appreciate the help in this one - Steve

**GiantDomains** · 07-10-2003, 05:21 PM

URLtrader is already a member here. Please think of another username URL Collection. PM it to NHLrat (after you check the member list

)

Thanks!

**Leading Names** · 07-10-2003, 05:22 PM

Iâ€™ve just noticed a user â€œURLTraderâ€ already exists on this forum, to avoid problems (again!) Iâ€™ll call myself â€œURL Tâ€

**Anthony Ng** · 07-11-2003, 08:19 AM

Username change done. Happy ending.

**actnow** · 07-11-2003, 10:07 AM

Does the forum realize how well this went?

This could have been a very messy situation.

Congratulations to Url T and Url Collection on working this out.

Both guys truly show they are "class acts".
When both businessmen worked this out without getting
emotionally involved shows true wisdom.

Steve, I hope you gave him a good deal?

**URLCollection** · 07-11-2003, 10:21 AM

Hello Act Now - You bet - seems liked it worked out well for all - Thanks for the comments - Back to business now - Steve

**URLCollection** · 07-14-2003, 12:44 PM

4 Days out after payment and we are still awaiting the transfer of this domain name?

**Leading Names** · 07-14-2003, 01:11 PM

Steve,

Iâ€™ve explained my reasons to you by email; Iâ€™m making every effort to get the name transferred in the shortest time possible.

Iâ€™m not going to pull out of the deal if thatâ€™s what your concerned about, Iâ€™m trying to work with you on this, Iâ€™ve changed my username, changed my URL, kept you updated on a daily basis as to how the transfer is going, answered all your emails promptly, written several emails to try and push the process on. What else can I do?

Iâ€™ve even offered to return your $100 surrender fee until the problems associated with transferring the name have been resolved and I made it clear to you from day one that it would take at least a few days to get the name transferred as it wasnâ€™t just a case of pushing the name into your account.

Cheers

Rob

**URLCollection** · 07-14-2003, 01:35 PM

Longest transfer of a domain name that I have ever seen in 8 years in this business - Should take 5 minutes- maybe 10 minutes at max to change the admin and all contact information so it can be transfered away. Does not require a push just a change of contact information. This is not a matter of money - it is a matter of completing a transaction in a timely fashion which I believe we all expect at this forum. I guess we wait. Steve

**Leading Names** · 07-14-2003, 02:28 PM

Steve,

Itâ€™s not that simple, as Iâ€™ve explained to you before

Thereâ€™s a third party involved with the transfer, I have contacted all concerned with the transfer on numerous occasions in an effort to get this matter resolved.

Youâ€™ve threatened to take me to court on a few occasions (which there was no need for as Iâ€™ve cooperated with you entirely), taking me to court would cost you $$$$$ and take several months, even if this transfer takes a few weeks to get sorted itâ€™s a dam site quicker and cheaper than that option.

I think you got a good deal, and I think deep down you know that also.

Any people whoâ€™ve purchased names from me in the past will be aware that I try to transfer the name ASAP, this case is complicated and as a result it will naturally take longer but in the end though all will turn out well.

Thanks

Rob

**URLCollection** · 07-14-2003, 05:03 PM

OK we will see if this works out OK - Please send the transfer details when you figure this out - Steve

Originally posted by URL T
Steve,

Itâ€™s not that simple, as Iâ€™ve explained to you before

Thereâ€™s a third party involved with the transfer, I have contacted all concerned with the transfer on numerous occasions in an effort to get this matter resolved.

Youâ€™ve threatened to take me to court on a few occasions (which there was no need for as Iâ€™ve cooperated with you entirely), taking me to court would cost you $$$$$ and take several months, even if this transfer takes a few weeks to get sorted itâ€™s a dam site quicker and cheaper than that option.

I think you got a good deal, and I think deep down you know that also.

Any people whoâ€™ve purchased names from me in the past will be aware that I try to transfer the name ASAP, this case is complicated and as a result it will naturally take longer but in the end though all will turn out well.

Thanks

Rob