because of all the questions that I got on this, I decided the best way is
to post here the letter we got and we can conyinue the discussion from there.
I really don't want anyone to buy the site and than have problems with it.
So here it is :
I am Assistant General Counsel of HarperCollins Publishers Inc. (âHarperCollinsâ), the owner of the federally registered trademark A DAY IN THE LIFE OF (the âMarkâ) and the publisher of the A Day in the Life of series of books (the âADITLO Seriesâ). To date, HarperCollins has published 16 titles in the ADITLO Series, such as A Day in the Life of America, A Day in the Life of California, and A Day in the Life of Italy, and sold over 1.3 million books.
It has recently come to our attention that you have registered and operate a website located at HYPERLINK "http://www.dayinthelife.org"
www.adayinthelife.org (the "Infringing Website"). The Infringing Website employs a domain name that is nearly identical to the Mark and itâs subject matter is indistinguishable from that of the ADITLO Series.
Please take notice that your commercial use of the Infringing Website constitutes "passing off," as consumers may erroneously believe that the Infringing Website is operated in association with HarperCollins, and, therefore, violates HarperCollinsâs trademark rights under Section 32 of the Lanham Federal Trademark Act (the âLanham Actâ). Furthermore, your use of the Infringing Website may also constitute "initial interest confusion," which is prohibited by federal law, in that the Infringing Website may draw "hits" by virtue of your use of a domain name nearly identical to the Mark. Each such "hit" misleads persons looking for an officially sanctioned ADITLO site. Lastly, the near identity between the Mark and your domain name and the similarities between the subject matter of the ADITLO Series and the Infringing Website raise substantial issues of the willfulness of your infringement, for which the Lanham Act provides treble damages and the recovery of attorneyâs fees and costs.