Cease & Desist

[ObtainADomain]

Originally posted by 2003
Jeesus. I can't believe that crap.
Especially from people in the domain reselling business.
You are saying I don't deserve to protect my interest and investments? You are saying that my registered service mark was done so on a whim and I will not defend it vigorously?
Stick to selling domains because what I do has real effort put to it.

2003,
This thread does not seem like you. Other posts by you are enlightening but this thread puts you in a bad light.

Do you really not know that if this other “Timechange” is not offering a service that is related to yours, your registered trademark does not protect you from his use? (But if you really were not aware of this, then your post is understandable.)

I'm assuming that the time-change you want to sue is this one:

http://www.sparrowandjacobs.com/time/time.html

From your description I thought that they were using "time-change" in their domain name but they're not even doing that. This is a real estate related company that sells these paper postcards (not internet postcards) to real estate firms to pick up refferals.

Did you stop to read one of these postcards? If you click on it to enlarge it, you would see that printed on the postcard is a reminder for people to change their clocks because of a "time change" from "Spring Forward" or "Fall Back."

"Time-Change" is not even the name of the company that makes these post cards, its Sparrow and Jacobs. They seem to use "Time-Change" as a descriptive title to show the purpose of these postcards.

Drewbert is right, you sound as bad as the greedy corporations that threaten every one with C&D letters without any good reason but just because they have the money to do it. (The majority of companies don’t fall in this “greedy” group, only a few)

 

[RON2]

I can see a connection between the postcards and your TM for graphic design. You offer printed media design (which may include postcards), so you definately would have grounds for complaint.

 

[TexasFilly]

those RatBastard.net 's "-)

on the legal realm, you DO have the upper hand as you have the TM and SM..

PM me the company in question,

so I can best advise how to proceed.


no worries, if you behold the TM and SM..
no worries..

 

[timechange.com]

[post edited because my question was answered and because of smart-ass comments by clueless individuals that have steered the conversation towards their entertainment]

 

[edisaacson]

TexasFilly,

That is just poor advice. He has no gorunds to proceed. 2003 offers web design services. This other company makes postcards. Huge difference. If they decided that they wanted to get their own TM, I would bet all I have that the PTO wouldn't even cite 2003's mark.

Please everyone don't put false hopes into his head.

 

[timechange.com]

Originally posted by -RJ-
I can see a connection between the postcards and your TM for graphic design. You offer printed media design (which may include postcards), so you definately would have grounds for complaint.

Thank you RJ, I think from all the people in DNF you personally know I am far from being a "fat corporate bastard"

 

[timechange.com]

Originally posted by edisaacson
TexasFilly,

That is just poor advice. He has no gorunds to proceed. 2003 offers web design services. This other company makes postcards. Huge difference. If they decided that they wanted to get their own TM, I would bet all I have that the PTO wouldn't even cite 2003's mark.

Please everyone don't put false hopes into his head.

edisaacson, betting all you have is not a smart advice
All I asked was HOW would I proceed with sending a C&D order. When I - as the client - pay you for the particular service, it's irrelevant what it is assumed that I have the right to do or not.

Again, I seeked advice on the METHOD, not advice whether I should do it or not.

 

[petertdavis]

LOL, I'd actually say that this thread stands a bigger chance of losing you business then a non-competing company using a similar product name to your trademark.

 

[edisaacson]

2003,

I understand your point as we discussed last night. What you have to remember is the lawyer's job is not to only do what the client asks them to do, but to also advise the client on what is in their best interest.

If you still want to go through with this, I recommend contacting a lawyer. Or you can wait until this summer when I graduate and take the bar exam. LOL

 

[timechange.com]

[post edited because my question was answered and because of smart-ass comments by clueless individuals that have steered the conversation towards their entertainment]

 

[timechange.com]

Originally posted by edisaacson
2003,

I understand your point as we discussed last night. What you have to remember is the lawyer's job is not to only do what the client asks them to do, but to also advise the client on what is in their best interest.

If you still want to go through with this, I recommend contacting a lawyer. Or you can wait until this summer when I graduate and take the bar exam. LOL

Good luck with the bar exam. But still noone answered my question: what is the process of serving someone with a cease and desist order

 

[edisaacson]

You don't file a case and desit order. It is mearly a letter sent to the offending party asking for them to refrain from using the name in question. It is usually a fairly standard form letter.

 

[timechange.com]

Originally posted by edisaacson
You don't file a case and desit order. It is mearly a letter sent to the offending party asking for them to refrain from using the name in question. It is usually a fairly standard form letter.

OK. So would I need to use a particular 'lingo' in it, e.g. listing the trademark violation, registration number etc, or it can be a casual letter citing my concerns?

 

[edisaacson]

For it to be effective, inform them of your service mark, why you find their goods to be conflicting, and how they should remedy the situation. Also, give them a deadline and what possible consequences they face if they choose not to comply.

You see why I think you should have a lawyer, it can be tough to make it effective.

 

[timechange.com]

Thank you Ed, that's exactly the type of answer I wanted.

 

[DaddyHalbucks]

Rick Schwartz said he got so many "cease and desist" letters that he bought [ceaseandesist.com]. LOL.

 

[HOWARD]

Cease and Desist letters have fairly standard language. They differ primarily in the approach. Some are bullying and nasty and receive automatic negative responses from the recipients, so are generally ineffective.

Others explain why the claimant is asking the Respondent to cease and desist and generally provide options to the recipient such as offering $$ for the domain, or suggesting that it just not be used in a conflicting manner, etc.

The best results are when an attorney who understands domain litigation sends the C & D letter.

 

[jberryhill]

"The best results are when an attorney who understands domain litigation sends the C & D letter."

As I'm sure Howard, Ari, Charles, and Stephen would agree, since we've seen a lot of these, it is not unusual for a self-written C&D letter to have a statement shooting yourself in the foot.

And, among the things that I am sure we all do when evaluating a C&D letter is to consider the specific attorney and firm which sent the letter.

The first thing a self-written C&D letter says is, "I am not serious enough or cannot afford to hire a lawyer. What do you think the odds are that I'm going to spend money on a UDRP dispute or a lawsuit? But, hey, for the cost of a postage stamp I thought I'd try to intimidate you with my claims, regardless of the fact that your lawyer will find something to laugh at when he reads this letter."

I was looking at a self-written c&d recently where the guy threatened to bring action at the International Court of Justice. That one went immediately into the "not serious enough to bother with" pile.

 

[timechange.com]

Thank you for your valuable feedback.

 

[arpmn]

Edit