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Spybot.biz TM Issue?

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domaindirk

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Have received TM letters in the past, but not through an email. This one is suspect. What due you guys think? :-O

Dear Mr. Grace,

We recently found out that you have registered the domain spybot.biz with Sedo. As you surely must know, "Spybot" is a trademark which we have rights on both in the US, where you live, and in Germany, where you did register it with Sedo GmBH, Köln.

Could you please confirm to me that
1207 Stevens Street
Bridgeport 76426 TX, USA
+1.9406832428
is your current address and phone number?

Are you interested in talking about that domain? You know, otherwise I would just post your address and phone number on the Spybot-S&D website, because I learned that asking the public to help is often quite more efficient, especially if it won't let you sleep because your phone is ringing the whole night ;)

Best regards,
Patrick Kolla



Strange email :undecided

Thanks,
DD
 
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jberryhill

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Patrick Michael Kolla
Rampenstr. 16
Bochum
44892
DE
+49.234294919

Operators are standing by...

Post his email address. This isn't a c&d letter, it is a personal threat. You should report it to the police.
 

namedropper

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Ok, this being a .biz extension you're supposed to have an existing company by that name before your register, so if you don't that's a your bad...

But this email is one of the more offensive such letters I've seen posted. 'Do you want to "talk" about this email or should I have my minions harass you?' is just so utterly poor form and illegal that the guy ought to be smacked upside the head. I'd like to think someone could't possibly be that clueless and that maybe someone impersonated him to try to start a fight, but unfortunately lots of people are just that stupid.
Harassing him back isn't the way to solve it either.
 

domaindirk

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Thanks for the good input guys. I know one of the local FBI agents in our county, and will discuss this matter with him.

Thanks,
DD
 

jberryhill

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so utterly poor form and illegal that the guy ought to be smacked upside the head.

Amen. I have no opinion on the underlying claim (although the fact that the presently pending TM application is owned by someone in the US is interesting), but that claim is irrelevant to the threat of harassment this person has made. I might have a legitimate dispute with, say, a department store, but that does not give me the right to break their windows either.

Reporting this threat to US and German law enforcement authorities would be a sensible thing to do.
 

freestyler

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yup should be reported. Its obvious he is trying to threaten! j*rk
 

namedropper

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Here's an interview with the guy:
http://www.pcworld.com/news/article/0,aid,115376,00.asp

In it he briefly mentions the US company trying to trademark the name instead of him and talks about people registering domains names to try to make money off of it. Partly I think it's his fault for using a name that's not all that unique and fairly descriptive, but it certainly also has a lot to do with people trying to unfairly make money off the goodwill he built up around his product.

(and as a PS to the interview, it's kind of humorous that the guy says nobody should do business with any company that advertises with pop ups or pop unders, and when you close that page, PC World gives a little pop advertising itself... )
 

domaindirk

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USPTO Shows a TM initiated by, Howard Goff (not Pat Kolla), and currently in "Final review prior to publication has been completed, application will be published for opposition". There were (4) previous TM efforts for this wordmark, all of which are "dead" (abandoned). This "wordmark" is going to have a rough time getting a TM for the character claim. It is just to much of a common word.

I would have been accommodating to Mr. Kolla's concerns if he had not threatening me, and by way of his threat "my family", in this fashion. I will likely file a complaint on Mr. Kolla through the IFCC, based on his actions.

My question to my fellow members is, should I put spybot.biz on ice for awhile, or continue parking it and advertising it for sale?

Thanks,
DD
 

namedropper

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OK, again, do you have a pre-existing business with this name, per the .biz agreement? And, correct me if I'm wrong, but isn't offering a .biz name for sale explicitly violating the rules you agreed to follow when you registered the name?
 

domaindirk

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Forwarded the "threatening" email to the local sheriff's department and have stopped all parking and advertising until the matter is resolved. Did not realize that "spybot" was a TM name. My original intent was to make a few bucks parking the domain with sites marketing spybot removal spyware, and yes, anything can be sold.**UPDATE** The police department has already got back with me! Wow, that was fast. Basically, they can not do anything unless Kolla does indeed follow up with his threat. Even then, getting people to call my number would have to be taken care of through the telephone company's harassment policy. Also, there is this whole jurisdiction thing, since Kolla is in Germany. Otherwise, I could utilize civil action against him if he continues any type of harassment. :emba: Whatever the case, this guy did not have to do that. He could have contacted me in a much more civil manner, and I likely would have accommodated any such professional request.
 

jberryhill

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isn't offering a .biz name for sale explicitly violating the rules you agreed to follow when you registered the name?

...if registered for no other purpose. As predicted, RDRP proceedings are virtually non-existent (there have been 9), since it is a fundamentally brain-damaged policy.
 

puxa2

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I wonder how those 9 rdrp decisions went.
 
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