two word generic , got an email not c and d though

[PRED]

Hi Guys,
got an email from the ceo of a company.
i have a domain , 2 word generic. they own trademark on this phrase
they are in one area, mine is in another completely different area.
my domain is developed also, half done. my logo is nothing like theirs.

they have a u.s tm, i checked , again in a completely diff area

this wasnt an approach to buy. he contacted me via the contact link on my website, as i also have privacy

he just basically says, contact me about domain and transferring name, stop developing further, we own tm on xxxxx xxxxxxx

very curt

its not regged in bad faith and im in a good spot imo

however i want to just email back and say, yes you own a tm, but in this category, mine is in another, my logo is completely diff. i own this, now stop pestering me lol

or i am tempted to ignore. its not a c and d so should i just ignore?
or could ignoring show bad faith later?

what would you do?

cheers

 

[DN BROKER]

i would talk to a lawyer for advice

 

[PRED]

i would talk to a lawyer for advice

cheers. that costs tho

is there any lawyers on here who will swap a few emails for free with me explaining everything then if they like take on and try and negotiate and take a cut on any deal? as its not worth a great deal to me but prob to them, but i have done nothing wrong and am sure would win a wipo if everythjing was fair, but we know wipo are up and down and also im no legal eagle

 

[Sonny Banks]

Ignore it for a while...if that guy send you another message, call a lawyer.

 

[PRED]

Ignore it for a while...if that guy send you another message, call a lawyer.

well, he will. i can tell.
i dont really want to pay any legal fees either on this twat

from what i can see i can defend this quite well, not parked, not offered to sell, developed in another area etc

if goes to wipo costs me nothing

all im wondering is if a lawyer stepped in now, it may help me negotiate a deal as that would help us both

either way , happy hanging onto name and site. maybe the ceo is trying on as thinks can bully name from me beofre even payoinmg a lwyer himself and is hoping i'll make a mistake or just hand over. thats what i think

question is, wait, reply or get lawyer to reply

the conumdrum

 

[Sonny Banks]

well, he will. i can tell.
i dont really want to pay any legal fees either on this twat

from what i can see i can defend this quite well, not parked, not offered to sell, developed in another area etc

if goes to wipo costs me nothing

all im wondering is if a lawyer stepped in now, it may help me negotiate a deal as that would help us both

either way , happy hanging onto name and site. maybe the ceo is trying on as thinks can bully name from me beofre even payoinmg a lwyer himself and is hoping i'll make a mistake or just hand over. thats what i think

question is, wait, reply or get lawyer to reply

the conumdrum

Get lawyer to reply.

 

[Leading Names]

I don't think you need a lawyer at this stage. If it were me, without knowing further details other that what you have posted, i'd...

Reply and politely point out...

1. Trademarks do not give you exclusive rights across all TM classes and that the development of your site clearly does not infringe on his/her registered trademark rights.

2. That he has no registered trademark in the UK, which is the jurisdiction you operate in.

Reply to the email though. This shows him, and potential UDRP panellists that you did/are did treat/treating his assertion seriously.

- Rob

 

[PRED]

thankyou rob, much appreciated for your time

should i also point out logo is nothing like etc/

i dont really want to give my name at this stage lol, as then the letters can a come
i know if they udrp they'll strip away privacy anway

can i sign off with just christian name lol. its up to me i guess. see these f*ckers already started bullying :upset:

i'll win tho

 

[jasdon11]

I would reply asking him for the catagories his TM covers - before that though, take a screenshot of your site to show that you are not infringing.

Oh yeah - and tell him not to be so rude!

 

[PRED]

cheers guys.
yeah, i looked up their logo and tm classes earlier on tess and im safe there imo
i wont quote the uk bit i think, i'll just say im in a different area with tm classes, logo diff, and 2 generic words. surely he knows this so why email me? i'll keep it short and sweet couple of sentences and wont even sign it off for the *****. keep him guessing

 

[EnricoSchaefer]

mine is in another completely different area.

This of course is the key. It does not mean you win automatically. If their trademark is strong enough and/or the trademark is famous enough, it might cover more than their product. For instance, you can't use 'microsoft' as a toilet paper either.

However, you probably have pretty solid defenses. They 'do I hire a lawyer' issue is a tricky one. You least expensive maneuver is often to avoid the problem scaling up into a UDRP or court case (then, it really get's expensive and you would wish you had spent a little to avoid a lot). It really is a ROI analysis and depends on how valuable the domain may be.

You are on the right track in trying to push back enough to show them they likely lose. Then they might come to the table and purchase the domain. We sometimes do contingency work on the basis you suggested but are too busy right now to step in and assess the likelihood they might purchase and at what price. I can tell you that the number of threat letter authors who purchase is pretty small. They usually won't do it on principle.

Good luck!

__________________
Enrico Schaefer, Attorney
Trademark Cybersquatting Attorney
enrico.schaefer [@] traverselegal.com

 

[Sonny Banks]

This of course is the key. It does not mean you win automatically. If their trademark is strong enough and/or the trademark is famous enough, it might cover more than their product. For instance, you can't use 'microsoft' as a toilet paper either.

However, you probably have pretty solid defenses. They 'do I hire a lawyer' issue is a tricky one. You least expensive maneuver is often to avoid the problem scaling up into a UDRP or court case (then, it really get's expensive and you would wish you had spent a little to avoid a lot). It really is a ROI analysis and depends on how valuable the domain may be.

You are on the right track in trying to push back enough to show them they likely lose. Then they might come to the table and purchase the domain. We sometimes do contingency work on the basis you suggested but are too busy right now to step in and assess the likelihood they might purchase and at what price. I can tell you that the number of threat letter authors who purchase is pretty small. They usually won't do it on principle.

Good luck!

__________________
Enrico Schaefer, Attorney
Trademark Cybersquatting Attorney
enrico.schaefer [@] traverselegal.com

Very interesting...

 

[PRED]

This of course is the key. It does not mean you win automatically. If their trademark is strong enough and/or the trademark is famous enough, it might cover more than their product. For instance, you can't use 'microsoft' as a toilet paper either.

However, you probably have pretty solid defenses. They 'do I hire a lawyer' issue is a tricky one. You least expensive maneuver is often to avoid the problem scaling up into a UDRP or court case (then, it really get's expensive and you would wish you had spent a little to avoid a lot). It really is a ROI analysis and depends on how valuable the domain may be.

You are on the right track in trying to push back enough to show them they likely lose. Then they might come to the table and purchase the domain. We sometimes do contingency work on the basis you suggested but are too busy right now to step in and assess the likelihood they might purchase and at what price. I can tell you that the number of threat letter authors who purchase is pretty small. They usually won't do it on principle.

Good luck!

__________________
Enrico Schaefer, Attorney
Trademark Cybersquatting Attorney
enrico.schaefer [@] traverselegal.com

Enrico i really appreciate your input, thankyou very much
I know i speak for everyone on here when i say its so good to have a few legal pros on here to guide us k:
Your valuable time is very much appreciated

 

[dominator]

you definitely have to respond

and also check (even if it is private)
if you contact info is up-to-date

 

[PRED]

thanks guys
yep, just fired him an email
polite but very to the point , was pretty good i think :blush:

he won't like it tho :smilewinkgrin:

 

[Gerry]

I would hold at this point.

A TM is a TM is a TM.

And chances are more than one have a TM on the same words, same phrase - just not the same logo and brand mark.

Stand alone TM's (like Microsoft, Google) are one thing. But multiple TM's are another.

Who is to say that he is the one and only truthful and rightful owner of these words and not the others?

If you are in no manner infringing, copying, dealing in like products or services, then you may be in the clear.

No, I am not an attorney. But sometimes you have to stand your ground.

If an action is filed, then it may be time for an attorney consult.

 

[hugegrowth]

I agree with Leading Names, send him an email and present your case as you see it. They might decide to give up, or their lawyer will tell them they don't have a case and that'll be the end of it. If they file an action to take the name away, then you should get a domain lawyer.

Remember, it costs them nothing to try to intimidate you and get the name for free. If they want it bad enough they can offer to buy it from you.

 

[Gerry]

Remember, it costs them nothing to try to intimidate you and get the name for free. If they want it bad enough they can offer to buy it from you.

Not to mention incurring legal fees on that end to try to get it away.

 

[PRED]

well, i sent an email.
if they take to a udrp or instruct a lawyer etc, theres no way im paying legal fees and paying for 3 man panel etc, i will defend myself and use 1 man panel, not as good but name not worth much to me and its free that way, plus i still stand a fair chance of keeping.

even if they offered me cash i would take i expect but would have to be very careful from what i've read. i would play hard to get :-#:, then maybe footsy :smilewinkgrin:

i certainly wouldnt ask them and if they offered would say not looking to sell etc to cover myself, only way i could do is if they blatantly offered a good price and i got some agreement off them too. anyway cross these bridges if it comes to it. would maybe ask a lawyer for an hour or twos work to sort if comes to that, maybe get one to moonlight on here

heres the email i sent, doctored of course

Name,
I am writing in response to your email below.
The name of my website is 2 generic words and as you can see is a xxxxx
site. It is aimed at the xxxxx market and is in beta mode.
I have checked your trademark at the United States Patent and Trademark

tess details............................ few lines

Now clearly we are in two completely different areas. You are in
xxxxxxxxxx and I am in xxxxxxxxx.

Trademarks do not give you exclusive rights across all TM classes and the
development of my site clearly does not infringe on your registered
trademark rights.

Also, you have no registered trademark in the UK, which is the
jurisdiction I operate in. (thanks Rob :smilewinkgrin

I would like to say I am a trademark holder myself in another area and am
respectful of trademarks, however as previously stated I own a domain &
website consisting of 2 generic words which suit perfectly the product of
on the go, xxxxxxxxxxxxxx

Now, that I have explained my position I hope you can see clearer on this
matter,

Regards,

...........

domainname


to be continued ....................:smilewinkgrin:

 

[Gileyal]

Good response.

Another tactic you can pursue if he persists, is requesting evidence of his TM. I'm not American, but the TM approval documents in my country specifically state that the TM is only good for a specific field.

If he sends you a document that contains that kind of a statement, he is basically shooting himself in the foot. If he doesn't you will always be able to claim you didn't believe he had a trademark.

Good luck. Feel free to PM me if you need any advice. I am a lawyer, but not american.