I need some advice - My name was used - DNForum - Domain Sales, Domain Forum, Domain Appraisals, Domain Registrars

**Kamloops** · 10-02-2009, 04:09 PM

Thanks for the advice. I spoke with a lawyer and she told me to not discuss in a forum.

**draggar** · 10-02-2009, 04:17 PM

Do they have a TM and when was it approved?

**Kamloops** · 10-02-2009, 04:34 PM

Thanks

**2gajgops** · 10-02-2009, 04:41 PM

There are some good lawyers that belong to this forum. You'd probably have to start with a "cease and desist" notice and go from there. It really depends on what your goal here is.

Discuss the timing of your actions with whatever attorney you hire. It sounds like you have some solid grounds. These guys never contacted you previously? Not having a "registered" trademark does not mean you don't have a trademark.

**BidNo** · 10-02-2009, 04:41 PM

Sounds like you had better talk to a trademark attorney.

Edit: Rick's post (above) tied with mine. I second what he's posted.

**draggar** · 10-02-2009, 04:52 PM

No TM.

You registered the name long before the TM.

I'm assuming it is something non-generic and you're using it not relevant to the game (other than it's a game).

I think you're pretty safe but I AM NOT A LAWYER. You may want to at least have a talk with one over this.

Why bother with the C&D? I'd say as long as you play it safe - watch the traffic roll in!

**Kamloops** · 10-02-2009, 04:52 PM

Thanks

**stewie** · 10-02-2009, 04:52 PM

I am aware of this case, and I think this is a total knock off, sure would be nice if you had the TM but there is no doubt about it you were knocked off and it was known at the time. The fact you don't have a TM is valid but not totally since you were the first person to be using it and they have not only just added a hyphen to copy your name they knocked off the idea too or at least came as close as you can... way too close to accept.

This is a total bad faith rip off of an idea and name knock off by just adding a - LOL plus they regged the .co.uk extension same as your name without the hyphen.

When the regged the name they would have know about your site and idea. buzz me if you need my help.

**Kamloops** · 10-02-2009, 04:53 PM

Thanks

**BidNo** · 10-03-2009, 02:33 AM

Good move kam. Important in this business to understand a trademark does not have to be registered to be valid; sounds like kam may have one.

Good luck!

10-02-2009, 04:09 PM	#1 (permalink)
Kamloops Platinum Lifetime Member Last Online: 11-06-2009 12:30 PM iTrader: (6) Join Date: Mar 2006 Posts: 495 DNF$: 1,261 Location: Kamloops	I need some advice - My name was used Thanks for the advice. I spoke with a lawyer and she told me to not discuss in a forum. Last edited by Kamloops; 10-02-2009 at 05:09 PM..

10-02-2009, 04:17 PM	#2 (permalink)
draggar The Evil Mod Name: Ed Last Online: Yesterday 08:09 PM iTrader: (36) Join Date: Dec 2007 Posts: 8,330 DNF$: 331 Location: South Florida Country:	Do they have a TM and when was it approved? __________________ Get a Parked.com account today! What's on Draggar's mind? Find out at http://www.draggar.net I'm always looking for dog breed domains

10-02-2009, 04:34 PM	#3 (permalink)
Kamloops Platinum Lifetime Member Last Online: 11-06-2009 12:30 PM iTrader: (6) Join Date: Mar 2006 Posts: 495 DNF$: 1,261 Location: Kamloops	Thanks Last edited by Kamloops; 10-02-2009 at 05:08 PM..

10-02-2009, 04:41 PM	#4 (permalink)
2gajgops Platinum Lifetime Member Name: Rick Last Online: 11-18-2009 06:10 PM iTrader: (24) Join Date: Aug 2002 Posts: 505 DNF$: 1,173 Location: Oregon Country:	There are some good lawyers that belong to this forum. You'd probably have to start with a "cease and desist" notice and go from there. It really depends on what your goal here is. Discuss the timing of your actions with whatever attorney you hire. It sounds like you have some solid grounds. These guys never contacted you previously? Not having a "registered" trademark does not mean you don't have a trademark. __________________ SpookyEyes.com - wholesale halloween, theatrical, and rave contact lenses.

10-02-2009, 04:41 PM	#5 (permalink)
BidNo Platinum Lifetime Member Name: Richard Last Online: 11-12-2009 12:21 PM iTrader: (0) Join Date: Feb 2006 Posts: 1,162 DNF$: 2,298 Location: Dallas Country:	Sounds like you had better talk to a trademark attorney. Edit: Rick's post (above) tied with mine. I second what he's posted. __________________ BidNo from HighEndNames.com Looking for Domain Sales History? See DNSalePrice.com

10-02-2009, 04:52 PM	#6 (permalink)
draggar The Evil Mod Name: Ed Last Online: Yesterday 08:09 PM iTrader: (36) Join Date: Dec 2007 Posts: 8,330 DNF$: 331 Location: South Florida Country:	No TM. You registered the name long before the TM. I'm assuming it is something non-generic and you're using it not relevant to the game (other than it's a game). I think you're pretty safe but I AM NOT A LAWYER. You may want to at least have a talk with one over this. Why bother with the C&D? I'd say as long as you play it safe - watch the traffic roll in! __________________ Get a Parked.com account today! What's on Draggar's mind? Find out at http://www.draggar.net I'm always looking for dog breed domains

10-02-2009, 04:52 PM	#7 (permalink)
Kamloops Platinum Lifetime Member Last Online: 11-06-2009 12:30 PM iTrader: (6) Join Date: Mar 2006 Posts: 495 DNF$: 1,261 Location: Kamloops	Thanks Last edited by Kamloops; 10-02-2009 at 05:08 PM..

10-02-2009, 04:52 PM	#8 (permalink)
stewie DNF Member Last Online: Yesterday 06:50 PM iTrader: (46) Join Date: Jan 2007 Posts: 2,112 DNF$: 17 Location: Canada Country:	I am aware of this case, and I think this is a total knock off, sure would be nice if you had the TM but there is no doubt about it you were knocked off and it was known at the time. The fact you don't have a TM is valid but not totally since you were the first person to be using it and they have not only just added a hyphen to copy your name they knocked off the idea too or at least came as close as you can... way too close to accept. This is a total bad faith rip off of an idea and name knock off by just adding a - LOL plus they regged the .co.uk extension same as your name without the hyphen. When the regged the name they would have know about your site and idea. buzz me if you need my help. __________________ . . . Buying LLL.ca & LLLL.com /generic domains, pm w/pricing...thx

10-02-2009, 04:53 PM	#9 (permalink)
Kamloops Platinum Lifetime Member Last Online: 11-06-2009 12:30 PM iTrader: (6) Join Date: Mar 2006 Posts: 495 DNF$: 1,261 Location: Kamloops	Thanks Last edited by Kamloops; 10-02-2009 at 05:08 PM..

10-03-2009, 02:33 AM	#10 (permalink)
BidNo Platinum Lifetime Member Name: Richard Last Online: 11-12-2009 12:21 PM iTrader: (0) Join Date: Feb 2006 Posts: 1,162 DNF$: 2,298 Location: Dallas Country:	Good move kam. Important in this business to understand a trademark does not have to be registered to be valid; sounds like kam may have one. Good luck! __________________ BidNo from HighEndNames.com Looking for Domain Sales History? See DNSalePrice.com

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