Domain name trademark violation

Researching a trademark by checking domain names is not researching a trademark. It's researching a domain.

Google "checking trademarks"
 
Yeah it is the company itself communicating with me.

So I think it's fair to say they have nothing on me. Shes been asking for my lawyers physical postal address. Should I just give her mine and say I'll forward it to my lawyer.
 
zippy said:
Researching a trademark by checking domain names is not researching a trademark. It's researching a domain.

Google "checking trademarks"
Click to expand...

I know, that is why I checked the USPTO website and checked the american trademark database.
 
Faultyboy said:
I assume that if your domain is hosted locally and not in the US then there is not much they can do..
Click to expand...

AFAIK, the new PROTECT IP Act (PIPA) in the US makes it possible to shutdown or block DNS for trademark violation, so if it the complainant makes a case they will probably just suspend or redirect the domain registration. This was specifically aimed at allowing US companies to shutdown foreign domains that were violating trademark or copyright, or generally doing anything US authorities don't like. http://en.wikipedia.org/wiki/PROTECT_IP_Act
 
I don't think they need anyone's email address other than yours, no point really, as there are no current ongoings just the illusion of threat.

Besides if you think about it; if their domain/trademark however they want to view it was registered before yours and this is such a big issue for them I would naturally assume they would have picked up all the TLD's for name and at the very least started picking them up straight after seeing your domain name (like a panic state).

I don't think you should do a thing. Whatever they want to send to a lawyer they can send to you.

Post the letter on here or ask for advice here as I'm sure someone will chop it up rather quickly.
 
Dude, if they have a trade mark, they should justify their claims against you by proving that they are in posesion of said trade mark. So, i think they have no way of forcing your compliance.
if they have prove, your screwed, else thier screwed. simple...
 
Just give them your postal address and tell them you are waiting for a cease and desist letter from the trademark owners lawyer.

When you get the letter write back and tell them you are seeking opinion from legal council and will reply soon. Now, go to the Department Trade and Industry Sunnyside in Pretoria and pay with revenue stamps for a search on the trade mark name as they describe it in the cease and desist letter.

If there is no info on the name from the DTI search, send them a copy of the DTI letter and tell them to stuff it.

I do not know if you can do this on-line at CIPRO as yet - last time I check it was defunct like most government sites.
 
Did you at least type your website domain words in a search engine. Guess what's the first result for "got will power" in Google...
IMO They have a good case, especially since it's a .com.
 
they have no case, thats why I haven't heard from them in a month... ranking in google has nothing to do with trademark violations
 
Just out of curiosity. You guys say that he shouldn't come with an offer.

What if he says he is putting the domain up for auction on Ebay or some other site. E-mail the people that want it, and also post in forums like webhostingtalk and other forums where people hawk domains, and tell the people there that this company really wants this domain.

Then you will probably end up selling the domain for a wee bit.
 
You must log in or register to reply here.
Back
Top
Sign up to the MyBroadband newsletter
X