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naked-paintings.com - Please, help !

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Frenchie

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This is a real case! I only changed slightly the real DN name, but it's very similar name. Please help, but only those of you who have clear ideas.

"naked-paintings.com" is my domain name, still "in construction", thus without any content or any specific metatag.

I just get a long attorney letter, written like this (resumed) :


"Our client has a worldwide reputation with the name "Paintings", linked with sale and services about paintings.

We have quite worldwide registered the trade mark "paintings", and we have too the web site "paintings.com".

Your domain name ("naked-paintings.com"), on which you do'nt seem to have legitimation, is in every aspect similar to "paintings" TM, and to "www.paintings.com". The inclusion of "naked" to our client's TM "paintings" is an offence to the reputation of our client, acquired through TM "paintings"

Your DN can only has been registered in bad faith to:
1/sell it in excess of reg.fees;
2/to distroy our client's interests;
3/to reduce our client's rights in his DN;
4/to attract our client's web visitors to your site instead of his own.

Thus, you have 2 weeks to transfer "naked-paintings.com" to our client, and put by written that :
a/you will never more use the word "paintings" in any way for trade, or register any DN including the word "paintings";
b/you will communicate names of all people interested to buy this DN from you.

If this cannot be solve in this friendly way, our client will consider proceedings."


Thanks to you, for your precious advice about a good possible answer!

Frenchie
 
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Fearless

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Frenchie,

To get a clear picture, we need the real domain name. Don't worry, no one here will send you a cease & desist letter. Your contact info is already part of a public record about this name. No need to keep the name a secret. You're among friends. ;)

Greg
 

mole

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There are a lot of crooks who want to steal domains away from people here on the internet with ridiculous claims to everything except Satan and God.

Be careful of such ploys.

Just reply that you have not done anything in bad faith, and ask what tm rights they have to anything other than paintings. What a joke.
 

mole

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Checked http://www.paintings.com looks like another speculator site. Smells like a scam to me. Now who farted...? :dead:
 
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Frenchie

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Gregr, it's really "naked-*.com", where * is a very very generic name. I cannot tell anything more, but it's enough to understand everything.

Mole, I thing you are in the right direction : the TM only concern "paintings", and not at all "naked". PS: What a nice new avatar you have got !
 

Fearless

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I got a call today from someone who works for eChoices.com.
He wanted me to shut down my eChoice.com. I told him to F off in a little bit nicer way. :)
 

buddy

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Originally posted by gregr
I got a call today from someone who works for eChoices.com.
He wanted me to shut down my eChoice.com. I told him to F off in a little bit nicer way. :)

LOL Yeah, go and and tell those leeches to take a hike. :laugh:
 

Capt. Flash

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The terms used; "naked" and "paintings" are merely descriptive and therefore would not qualify for US trade mark protection. Where did this C&D originate from? Sounds like someone is feeling you out to determine what kind of fight you have. You may have to contend with the "Gold Law". You need to determine how valuable the name is to you and prepare for a fight. First, contact an attorney, a reputable attorney will not charge you for the first 1/2 hour of consultation and in that time your position can be made very clear. Second, do not get to excited, a lot of speculators try going down this road of legal threats. If this was a genuine entity with true legal concerns they most likely would have served you with a lawsuit first thing. It sounds like someone is playing games with you.
 

izoot

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Based on the sketchy info you provided, I would agree with the others.
Don't sweat it.

What I would do it check the www.uspto.gov database for any results on the name your not telling us.

I did a search for paintings and it turned up 251 results (tm's) live and dead.

http://tess.uspto.gov/bin/showfield...LL=AND&a_default=search&a_search=Submit+Query

So its worth checking out. If you would tell us the actual name we might be able to offer more than just a vague opinion :) Never hurts to be careful, but more often than not its a company trying to hijack the name from you. As stock pilot said...if this name is of value to you ... Consult an attourney.

imho
 
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Frenchie

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Thank you all of you for your precious opinions. I sincerely really feel myself of good faith, as I never had the allegated intentions advanced by these people. But looking on different already existing domains built with different permutations of my DN, I see that most of them are unfortunately pornographics, which was not at all my intention (I consider nudism like a philosophy of life), and that my complainant is probably angry about them (its domain looks indeed very serious, so I doubt this guy tries to steal my DN), and unconsciously, assimilate myself with them.
 
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President Gringo

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whats the big secret about the name? If its registered then whats the big deal? You just make it harder for people to help you.
 

maxheadroom

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The information above is mostly right on, in the general sense. However, without knowing exactly the name, no one is going to be able to give you accurate, specific information.


My guess is that this is an adult site/domain, and perhaps that's why you don't want to post it.
 
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Frenchie

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No, it will not become an adult site, which I would'nt want to touch at all, but ideally (if i succeed in it) a kind of informative portal dedicated to naked in painting. But actually it's even a parked page in construction, thus not even for sale. Thus I am heavilly attacked before to have done anything ... amazing, not ? Furthermore, I am not sure that somebody want to grab my name, but it seems to be a super puritan who is shocked by the world naked, and really wants a complete monopoly on "paintings".
 

davidthornton

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Originally posted by Frenchie
No, it will not become an adult site, which I would'nt want to touch at all, but ideally (if i succeed in it) a kind of informative portal dedicated to naked in painting. But actually it's even a parked page in construction, thus not even for sale. Thus I am heavilly attacked before to have done anything ... amazing, not ? Furthermore, I am not sure that somebody want to grab my name, but it seems to be a super puritan who is shocked by the world naked, and really wants a complete monopoly on "paintings".

Please, either post the actual domain name or stop perpetuating this thread. :) Nobody can accurately help you unless you help us by giving us the actual name. I don't care how similar your example is. It still won't help us give you an accurate decision.
 
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