Got a C&D from NYC

[JMJ]

It was always at fabulous I originally posted the same letters a different way which led to another site. Don;t get me wrong here. I'm all for them making money for the firefighters and their families but apparently the trademark was registered before the attack and before the trademark was a household name so that I don't buy. Almost makes me want to pursue this even more. If you are going to commercialize a public service then in my eyes it's no longer a public service funded by tax dollars.

 

[(_Y_)Man]

"I'm all for them making money for the firefighters and their families but apparently the trademark was registered before the attack and before the trademark was a household name so that I don't buy"

Dont understand this statement at all.....does it matter if a trademark is a household name or not? if I owned NYpublicLibrary.com, are they (New York Public Library) not entitled to have it back? even though theyre a "public service"

You could fight the c&d but if they saved the screen with you having "New York Fire Department" on the header I dont think you stand a chance, might not be worth it in my opinion.

 

[JMJ]

If you follow the thread you will see that the particular header which you are referring to isn't my name. My name is and has been pointed at a generic lander at fabulous.

Dont understand this statement at all.....does it matter if a trademark is a household name or not? if I owned NYpublicLibrary.com, are they (New York Public Library) not entitled to have it back? even though theyre a "public service"

If you want to use that example and you owned NYPL.com .net or .info wouldn't you be a bit ticked if the NY Public Library came along and demanded your name? Would you have the same feeling of entitlement?

 

[DNQuest.com]

So is your arguement that you don't feel that it is right for a public service should be able to generate revenue? And you think you should be able to keep the domain because of this?

Well, it is a TM and you are squatting, nough said.

 

[JMJ]

My arguement is it's a generic four letter domain. I'm not squating, enough said. And no a government arm is not suppose to earn money considering it is funded by tax dollars. It would be nice if they did treat it like a business as it would be held fiscally responsible to it's shareholders (the taxpayer) but thats not the case.

 

[jberryhill]

And no a government arm is not suppose to earn money considering it is funded by tax dollars.

That is one of the most spectacularly ridiculous things I think I've ever seen here.

They are not charging people for putting out fires. They are charging a license fee for the hats, t-shirts, and other stuff which, as noted above, was around for a long time prior to 9/11. And the FDNY, like every other fire department, has been doing a lot of things to raise funds and donations since long before 9/11. Fire departments do a LOT of things that are not funded by tax dollars, and always have.

Make sure to keep your kid out of the Police Athletic League, they might try to sell him a t-shirt and you will make a complete fool of yourself.

And, by all means, whatever you do, do not buy a postcard from the gift shop at the Grand Canyon National Park.

Or is your argument that counterfeiters are entitled to make a buck off of the reputation of the FDNY?

My arguement is it's a generic four letter domain.

I still haven't gotten an answer to my question to you - "Generic for what?"

Why was the page originally configured as a reference to them? Hmm?

At first I replied back telling them they could have the name

Then that's what you do.

 

[JMJ]

I have hundreds of generic domains. If I had to have a reason for owning all of them other than investment. Then I guess we should all stop what we are doing. As far as not for profit organizations are concerned. Thats a totally different story. I'm not sure about your city but mine isn't fiscally responsible enough to support (actually they allot nothing at all) to www.metrofireexplorers.com so it's left up to the fire captain who runs it to fund it and he literally spend thousands out of pocket a year to support it. I donate the time, hosting, and design. So I know personally how the government underfunds such programs if at all.

Why was the page originally configured as a reference to them? Hmm?

I'm not sure what page you are referring to?

I'm off to enjoy my weekend. So don't assume no reply means no answer.

 

[pam]

You admit to registering trademarked names for dot infos ... then wonder why you get a C&D letter?

If you grabbed the .info on the name I own trademark to, I'd go after you, too. Just because I own the trademark doesn't obligate me to register every single TLD for that trademark.

(And yes, I do own the .info, but the dot net I dropped and someone else grabbed it, but they own a trademark for the same name though a different field).

 

[jberryhill]

NameMogul, I'm not sure you understand how the term "generic" is used in trademark law.

The word "apple" is generic for a kind of fruit that grows on trees.

The word "delta" is generic for a boggy area at the mouth of a river.

Now, it is also true that both of those words are trademarks for other things.

You keep saying that FDNY is "generic". So, complete the sentence:

FDNY is generic for _________.

Now, looking at archive.org:

http://web.archive.org/web/20050125161149/http://fdny.info/

FDNY Firehouse T shirts
Rescues 1-6, Sq 1, 288, Marine-Scu Lad 8, 41, 111 Eng 44, 55, 111, 273
www.nyfirestore.com

FDNY Merchandise and More
Gifts, caps, apparel, calendars, shirts and more from New York City.
www.NYCwebStore.com

Fdny t-shirts
FDNY t-shirts, sweatshirts, caps designs with many different logos
www.nyfirepolice.com

Fdny Shirt
Compare prices on Clothing & Accessories!
www1.PriceTool.com

Fdny Shirt
Find, compare and buy Clothing! Simply Fast Savings
www.Shopping.com

nypd and fdny apparel
we sell nypd, fdny shirts. get a nypd pin with every purchase.
www.newyorkheroesgiftshop.com

Firefighter & EMT Decals.
Make your own or choose from our large selection of designs.
www.FireandRescueDecals.com

 

[labrocca]

http://web.archive.org/web/20050125161149/http://fdny.info/

That's damning and enough for you to lose the domain. I say give it up after that.

 

[JMJ]

You guys are posting links to archives of which I had nothing to do with. The name is and has been pointed at a generic lander. You might want to check the reg date before you go blaming me for others wrong doings. I don't care how you wish describe a trademark. What you can't do is characterize my domain as a destinctive trademark such as "apple". Even if you did I still wouldn't be bending over to the computer company. I'm not linked to any of the link examples of infringement.

I have owned and sold another four letter domain a few years back. Funny thing is it was to the trademark owner. They seemed to understand they didn't invent the mule and I wasn't selling utility vehicles. So what would you be advising me of in that situation? Should I have just given them the domain just because they have a trademark on the combined four letters?

You admit to registering trademarked names for dot infos ... then wonder why you get a C&D letter?

If you grabbed the .info on the name I own trademark to, I'd go after you, too. Just because I own the trademark doesn't obligate me to register every single TLD for that trademark.

(And yes, I do own the .info, but the dot net I dropped and someone else grabbed it, but they own a trademark for the same name though a different field).

I don't register trademarked names and never stated I did. I stated that I have registered many four letter .info combinations regardless of their trademark status in whatever jurisdiction in the vast world. I would imagine if we took all of our domains and searched every trademark database in the world we would find that every domain we owned had some form of trademark. Just because you own a trademark doesn't give you the right to own every domain.ext. Your own example/experience is a prime example of why there are multiple extensions and multiple uses.

 

[pam]

I checked every domain I have ever registered beforehand and none are trademarked. Hell, I wouldn't even use a trademarked name in a subdomain when I was selling a product, i.e. http://viagra.nameofdomain.com before it was a trademarked name.

No, it doesn't give me the right to own every domain extention, but if I trademark a name and you take the extension to use it for the same purpose in which it's registered, you can bet I'd take you down fast. This happened just last week when someone tried to use my trademark on their subdomain to gain higher Google ratings. He now has no website and lost all income he was owed from sponsors.

"While others are buying up four letter .com's I've been buying up four letter .info's where all other extensions are taken or where .com .net .org are taken. Regardless of their trademark status."

Seems to me you're admitting you may have trademarked domains.

Most adult sites ban the use of dot infos from submissions since most spammers now register dot infos at no cost and spam the hell out of you.

You're getting advice from an attorney who deals with this every day, yet you seem to want to argue and ignore him and tell him he's wrong.

Gee, I hope you don't need a trademark attorney for your C&D anytime soon.

 

[jberryhill]

At first I replied back telling them they could have the name

It stopped being a trademark issue when you agreed to do that.

What you can't do is characterize my domain as a destinctive trademark such as "apple".

Sure I can. When you Google a term and can go N pages deep into the results and come up with nothing other than references to a particular entity, then that's a pretty good measure of distinctiveness.

 

[JMJ]

Pam do you own any names with the terms free, sex, casino, news, love, hotels, hotel, travel, cars, cellular, money and just about every other top 1000+++ term in them? If so your domain contains a trademarked term.

As far as John is concerned I respect and value you his input. He's the best man for this debate. Do I agree with him? No, and I'm sure he's fought a number of battles for his clients even though he might not have agreed with them.

As far as me offering to turn the domain over. They decided they didn't like the easiest route for both parties and wanted to do it their way. Because I believe I have/had done nothing wrong and they continued to flex their legal muscle they'll have to obtain it another way rather than getting a free ride on my dime.

 

[(_Y_)Man]

Pam do you own any names with the terms free, sex, casino, news, love, hotels, hotel, travel, cars, cellular, money and just about every other top 1000+++ term in them? If so your domain contains a trademarked term.

As far as John is concerned I respect and value you his input. He's the best man for this debate. Do I agree with him? No, and I'm sure he's fought a number of battles for his clients even though he might not have agreed with them.

As far as me offering to turn the domain over. They decided they didn't like the easiest route for both parties and wanted to do it their way. Because I believe I have/had done nothing wrong and they continued to flex their legal muscle they'll have to obtain it another way rather than getting a free ride on my dime.

good luck. I dont think theres anything left to say. Let us know how it turns out op2:

 

[barefoot]

Pam do you own any names with the terms free, sex, casino, news, love, hotels, hotel, travel, cars, cellular, money and just about every other top 1000+++ term in them? If so your domain contains a trademarked term.

I read that same information. It was on a site that also had some interesting articles about the flatness of the earth and the type of cheese the moon is made of.

 

[Dave Zan]

I read that same information. It was on a site that also had some interesting articles about the flatness of the earth and the type of cheese the moon is made of.

Blue cheese? :-D

NameMogul, it's simply this: you may have a seemingly generic domain name.
But the minute it bears any association with any trademark (with a few noted
exceptions), then expect trouble.

Every TM holder, after all, is obligated to protect their mark if they've reason
to believe someone's infringing it. You'd probably be no different depending on
the "case" if you were in their shoes, wouldn't you?

Anyway, since you already replied asking them if they can have it, have they
responded yet?

 

[DNQuest.com]

As far as me offering to turn the domain over. They decided they didn't like the easiest route for both parties and wanted to do it their way. Because I believe I have/had done nothing wrong and they continued to flex their legal muscle they'll have to obtain it another way rather than getting a free ride on my dime.

So, you are saying the extorting payment for a TMed domain from the TM holder is the easy route??? That is exactly why they have cybersquatting laws....

You still did not answer John's question, please complete his very simple phrase, I am interested in your answer.

 

[JMJ]

DNQuest you are making assumptions. I have never said I asked for one red cent for the name. They sent a C&D I offered to push the name for FREE. Hince "free ride on my dime." They declined that option and want to do it their way. In turn they will have to obtain it another way. And no this doesn't include me being compensated. It isn't about that. John's fill in the blank questionaire is worded to lead to his side. If it said "FDNY is generic because ______" I would answer.

I see you have some three letter domains in your portfolio. Can you tell me what azn.info and evl.info is generic for? Did you know EVL is a registered trademark 3 times and AZN is aswell? Or we can compare apples to apples. Did you know toby in your toby.info is trademarked aswell as hunk in hunk.info. You should call them up and tell them you feel guilty for owning a trademarked domain (especially since you are bashing me for it) and hand them over. Or do you plan to "extort payment" from them if they want them?

 

[Dave Zan]

If it said "FDNY is generic because ______" I would answer.

That's actually John's question, just paraphrased. So in your case, FDNY is
generic because... :-D

I see you have some three letter domains in your portfolio. Can you tell me what azn.info and evl.info is generic for? Did you know EVL is a registered trademark 3 times and AZN is aswell? Or we can compare apples to apples. Did you know toby in your toby.info is trademarked aswell as hunk in hunk.info. You should call them up and tell them you feel guilty for owning a trademarked domain (especially since you are bashing me for it) and hand them over. Or do you plan to "extort payment" from them if they want them?

I know you addressed this to DNQuest. But I'm confident he knows what he's
doing.

It's simply this: DNQuest knows (or maybe not :-D) there are trademarks for
some of the domain names he has. But he'll be more able to defend his rights
to them as long as he makes sure they don't bear any association whatosever
to any of those marks.

Now if the TM holder wants to take him to Court, I'll hope to be there with a
bag of popcorn.

In fact, who cares if you have a generic domain name? If your domain name
had even a PPC ad for a product someone can demonstrate trademark rights
for, you'll be seen as infringing it and will be disputed using any and all means
available.