Trademark Infringement!?

[linkreach]

Instead of assuming it will cost $150 an hour for an attorney to write a letter, why not contact a couple of the domain attorneys on this forum and ask them to quote you a price to write a professional letter in response to the C&D?

I may do that if he continues to try and bully me into giving him my domain name. Is there a list of domain lawyers?

 

[Theo]

He seems like a nice guy
http://www.schlecter.com/
who just got some bad advice somewhere about how to write a letter. I say forgive his tactless communication skills, sell him the name for $10 or for what you reasonably think you could have sold it for, and move on.

He seems he needs the money to offer his gf an eyebrow job.

 

[DNQuest.com]

You can try John Berryhill.

 

[upside]

Hello everyone. I'm Justin. I am also a domainer and have plenty of experience in this industry. I am not a bully and I would never try to reverse-hijack a domain. linkreach, I understand and appreciate your position. However, this is a private matter and I will not debate it in a public forum.

"Proxify has retained a law firm to actively pursure anyone who misuses its valuable trademark rights."

I suspect that's pure BS.

I have lawyers on retainer. However, I am not a litigious person. I prefer to deal directly with people and rely on the lawyers only as a last resort.

He seems he needs the money to offer his gf an eyebrow job.

Heather is my wife. Your comment is rude and unprofessional and clearly violate the stated rules of this forum, "Personal attacks on others will not be tolerated. We take politeness very seriously. You are welcome to challenge others points of view and opinions, but do so respectively and thoughtfully."

 

[linkreach]

Justin,

I do not condone anyone making rude comments about your family, first of all. I also do not expect you to debate this with me publically. I do want opinions of people, which is why I posted here. There is a lot of bright and helpful people on this board.

 

[Theo]

Heather is my wife. Your comment is rude and unprofessional and clearly violate the stated rules of this forum, "Personal attacks on others will not be tolerated. We take politeness very seriously. You are welcome to challenge others points of view and opinions, but do so respectively and thoughtfully."

It was an objective statement, based on observation of the photographic specimen provided on your web site. Failure to appreciate it displays a certain lack of understanding humor. :-D

Welcome to the real world, which is not made of paperclips.

 

[WhoDatDog]

Hello everyone. I'm Justin. I am also a domainer and have plenty of experience in this industry. I am not a bully and I would never try to reverse-hijack a domain. linkreach, I understand and appreciate your position. However, this is a private matter and I will not debate it in a public forum.

I have lawyers on retainer. However, I am not a litigious person. I prefer to deal directly with people and rely on the lawyers only as a last resort.

Heather is my wife. Your comment is rude and unprofessional and clearly violate the stated rules of this forum, "Personal attacks on others will not be tolerated. We take politeness very seriously. You are welcome to challenge others points of view and opinions, but do so respectively and thoughtfully."

It's not a rude comment because nobody knows who you are. Pay the man his money for the domain you want or get lost. If I ever have a domain that you want you can rest assured you will have to pay me off or spend a lot of money. Go bully someone else with your "To Whom it may concern" nonsense threat.

 

[Leading Names]

Hello everyone. I'm Justin. I am also a domainer and have plenty of experience in this industry. I am not a bully and I would never try to reverse-hijack a domain. linkreach, I understand and appreciate your position. However, this is a private matter and I will not debate it in a public forum.

However you look at it, you're a bully – trying to intimidate legitimate domain registrants into handing over their domains with your ridiculous trademark violation claims and homemade C&D letters.

I can understand why you don't want to debate your reasons in public.

- Rob

 

[Dave Zan]

How one feels about this depends on what side of the fence one is on. :-D

Hopefully both of you will comeup with a win-win scenario. If not, good luck to
both parties in this potential dispute.

 

[DNQuest.com]

Actually, I liked the C+D, it is well stated and presented. Though I very strongly believe this is a reverse hi-jacking attempt.

 

[Ian]

Since when did domainers want to drive each other out of business with fake TMs and intimidations! Got to sort this out in private though!

 

[Theo]

I must say that Justin has indeed applied for the registration of the mark, so it all comes down to deciding how close "proxify" can be to "proxyfire". I am not a legal expert but I see little resemblance. There are several registered marks cotaining "proxi*" already.

 

[DNQuest.com]

I agree with that, it does come down how similar someone will perceive it. Even though there is a filing for registration, it is not approved at this moment.

But things turned when it was presented that the domain in question was compared to "other TMed" names which were clearly registered after the domain in question and tried to be taken into the "TM" umbrella. Things don't work that way.

I hope both parties can work this out fairly too.

 

[stevesko]

I must say that Justin has indeed applied for the registration of the mark, so it all comes down to deciding how close "proxify" can be to "proxyfire". I am not a legal expert but I see little resemblance. There are several registered marks cotaining "proxi*" already.

Acroplex, I agree that there is little resemblance, and if what you say is accurate, and he has just "applied" for a TM.... applications mean nothing. Perhaps someone should challenge the application - if it's to close -well then it should not be granted...

I'm no lawyer, but as I understand it, if he owns the domain prior to the tm application, the there is NO case...

Steve

 

[Theo]

stevesko, as I said I am not a legal expert. However, from my understanding Justin has legal rights to "proxify" as it's in the last stage of being a registered trademark. What I am saying is whether the "proxify" mark - registered or not - has any rights over "proxyfire". That's what a legal expert would be able to decide on.

 

[Deleted member 5660]

Hello everyone. I'm Justin. I am also a domainer and have plenty of experience in this industry.

Your letter shows you do not have enough experience so i suggest learning more

I am not a bully and I would never try to reverse-hijack a domain.

from what I can see you did exactly that

linkreach, I understand and appreciate your position. However, this is a private matter and I will not debate it in a public forum..

Hopefully it will be debated at your criminal trial

I have lawyers on retainer. However, I am not a litigious person. I prefer to deal directly with people and rely on the lawyers only as a last resort.

translation - I am too cheap, lazy, and stupid to have my lawyer write the letter and I just want to scare this guy into giving me the domain ... and/or, the lawyer didn't want to get involved in unethical and/or illegal conduct.

 

[beatz]

Even if he had a TM that was

a) registered and not only applied for
b) registered prior to the domain registration in question

it would not automatically equal=rights to domain.

Just because someone has a TM doesnt *have* to mean someone else registered a domain in bad faith.

Just because someone has a TM doesn't mean they have it for all classes.

And so on..

There are quite a number of factors more to consider than just the sheer existence of a single TM.

 

[stevesko]

Just because someone has a TM doesn't mean they have it for all classes.

And so on..

There are quite a number of factors more to consider than just the sheer existence of a single TM.

I think this is the critical point here... And reading his TM application, it is very narrow... I doubt he as a valid claim here... no reasonable person would confuse the two, even if they are in the same field...

Steve

 

[Jacksplat]

I hope we all dont mind i re-open an old thread.

This guy has threatend me for a second time now and I'm feeling its time to bite back. I've made my best effort to bring him up in a few places.

 

[rusty123]

Its just like saying that the trademark for fire.com would have rights to fy.com
its nuts. I see no resemblance.