Cease & Desist

[timechange.com]

What is the proper process if I want to send a cease & desist letter for trademark infridgement? I want to be able to be taken seriously the first time so it has to be bold and firm.

 

[draqon]

obviously it depends on details of the case. in some instances, turning the domain over to them immediately the smartest course of action. in other cases, you can mess with them a bit.

 

[timechange.com]

[post edited because my question was answered and because of smart-ass comments by clueless individuals that have steered the conversation towards their entertainment]

 

[edisaacson]

Do they use "time change" for a product or do they use it for web design services? Also, if the services are similar, are you sure that your 1997 first use precedes their use?

 

[timechange.com]

[post edited because my question was answered and because of smart-ass comments by clueless individuals that have steered the conversation towards their entertainment]

 

[DomainGoon]

Originally posted by 2003
Actually, it's me who wants to put the pressure on a company, who uses "time change" for a product.

I registered timechange® about a year ago, as a service mark for web design services. This web site comes very high in the searches for "time change" and that's been annoying me.

The difference is that theirs is 2 words while mine is a joined one. But in searches, spaces play minor role. I want to have them change that brand name or else license its usage.

Do you actually have a registered mark issued by some government? If so, is the other party using it for the same type of goods or services?

If you want to be taken seriously, you should have a lawyer send them the notice via registered mail on the law firm's letterhead.

 

[timechange.com]

[post edited because my question was answered and because of smart-ass comments by clueless individuals that have steered the conversation towards their entertainment]

 

[edisaacson]

It matters signifcantly if they don't use it for a service similar to yours. Unless your mark can be considered "famous". you really can't stop them. I can create a product called TIMECHANGE for cosmetics or a heart medicine and you wouldn't have standing. what do they use it for, there may a case for "channels of commerce" confusion.

 

[timechange.com]

[post edited because my question was answered and because of smart-ass comments by clueless individuals that have steered the conversation towards their entertainment]

 

[timechange.com]

[post edited because my question was answered and because of smart-ass comments by clueless individuals that have steered the conversation towards their entertainment]

 

[edisaacson]

Response to PM sent. I think those are actual postcards though, definitely different than web design services. And by "famous", I did mean "Coca-Cola" or "Pepsi". People in the industry may recognize your name, but the general public wouldn't confuse their postcards as coming from you.

 

[Drewbert]

Are they likely to be causing you to lose business?

I don't think so, by the sound of it!

You sound like you're practicing to be a FatCorporateBastard when you grow up.

 

[timechange.com]

At least I am not a FilthyLazyMexican

 

[NamePopper.com]

Originally posted by 2003
At least I am not a FilthyLazyMexican

Normally this type of comment would be considered rude and uncalled for - however since Drewbert started it with his 'FatCorporateBastard' remark - I would say things are even here.

Carry on!

 

[timechange.com]

[post edited because my question was answered and because of smart-ass comments by clueless individuals that have steered the conversation towards their entertainment]

 

[timechange.com]

Back on subject. Thanks for the responses, please lock this thread. Thanks.

 

[Drewbert]

The fact is, I'm not Mexican, but he's still going to send a C&D to someone that doesn't deserve one.

 

[timechange.com]

[post edited because my question was answered and because of smart-ass comments by clueless individuals that have steered the conversation towards their entertainment]

 

[namedropper]

I think your rationale for sending a C&D in this case is very flimsy. It's pretty much akin to the people who try to get names they don't deserve via reverse cybersquatting. Unless they are running a web design business that's confusing your customers, you really don't have any cause to complain.

 

[timechange.com]

[post edited because my question was answered and because of smart-ass comments by clueless individuals that have steered the conversation towards their entertainment]