Trademark complaint via DomainsByProxy

invisible777

New member
Jul 3, 2007
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This is a first for me. I just got a trademark complaint through a DomainsByProxy email from a media company (not a legal entity). They claimed I am using a trademark they represent. Only place I can find this trademark is in one of my campaigns keyword lists. That campaign has like 20k generated kw's from Wordze.

Should I just reply and said I've identified it and removed it? Will that likely end the issue?
 


If you're bidding on the word, I wouldn't really stop. If it is in your adcopy, I would remove it, but they really should be filing a trademark form with Google if this is the case. If you are using images or logos that aren't yours to use, I would remove it.

Remedy the situation but don't respond.
 
I haven't researched IP (intellectual property) law in like 10 years; but if this is a great keyword -- the uspto.gov site will research it for you for like 10 bucks .. if memory serves.

Are you sure its a legit trademark (registered) -- bear in mind a common use word is not trademarkable.

Also if it is a registered trademark it has to have that "circled r" by the word.

On a related note -- anything that you write is copyrighted the moment you write it (assuming its original) -- but all other IP must be applied for to be afforded legal protection.
 
Keyword got 2 clicks in over 1 years time. I removed it. Responded to the email letting them know. They responded that the issue is resolved

That was fast.
 
No it was stupid. It was a media company that specializes in "online trademark protection". So basically they get companies to pay them to look around for trademark infringement then email WhoisGuards hoping for a reply.

Stupid...
 
I wouldn't worry until you get a C&D. That media company can suck your dick
That's a pretty dangerous attitude. Nobody owes you a C&D. As a matter of fact, they don't even owe you an e-mail notice.

They can just sue without ever contacting you first. And in the complaint, they can demand whatever they want. Starting from your domain name to attorney's fees to other compensation. It doesn't have to be reasonable.

Once you are served, you'll have to respond, which is costly in itself. Even if you successfully defend yourself, you'll be out of a lot of money. Chances are, the complaint will be filed somewhere far away in a federal court across the country.

You would either have to hire an attorney at that location, or fly over there yourself.

If you don't response, then you'll lose by default.

If you choose to ignore the summons and lose by default, they'll take the judgement and go straight to ICANN to get your domain name based on the judge's decision (not on their internal UDRP). After that, they'll just turn over any amount (you now owe them) to a collection agency.

Of course 9 times out of 10 nothing is going to happen. But there is always that possibility that someone on the other end of the "phone/email/letter" is not fucking with you, but a real player.


On a related note -- anything that you write is copyrighted the moment you write it (assuming its original) -- but all other IP must be applied for to be afforded legal protection.
Bullshit. Trademark use can be established through common law, but the mere fact of using the mark.

Copyright is not the only form of IP that's protected without registration.

Of course, registration goes a long way when you are actually suing someone (and afford a shitload of additional stuff), but that's not a requirement.
 
Sad thing is you could easily file a ripoffreport and their trademark business would be over. If they piss to many people off it will be.
 
Bullshit. Trademark use can be established through common law, but the mere fact of using the mark.

Copyright is not the only form of IP that's protected without registration.

Of course, registration goes a long way when you are actually suing someone (and afford a shitload of additional stuff), but that's not a requirement.

'Bullshit' -- NOT -Again the ONLY IP that exists the moment I decide that I want legal guns to iintercede on my behalf is copywrite: which exists the MOMENT I write something... go back to law school.
 
but all other IP must be applied for to be afforded legal protection.
Again the ONLY IP that exists the moment I decide that I want legal guns to iintercede on my behalf is copywrite
I'm assuming you meant copyright, not copywrite. But I would hate to disappoint you. Your second statement is also bullshit. And it's bullshit on more than one level.

First of all, the word "again" implies you are reiterating something. In reality, your two statements actually mean different things.

Being offered implied protection and being able to file a complaint are two different things.

With copyright, you get immediate protection. But you can't succesfully sue anyone without registering your work. The protection you get without registering your work allows you to register it after publication. Once you file it as published work, you can then go ahead and file lawsuits. If you file it as unpublished work, then you can push for punitive damages, etc. But other than that, there isn't much difference.

So I can create something. Not register it. Then, if you steal my shit, I can file with the LOC and once I get the receipt, I can sue you.

That's what the implied and immediate protection means in practical terms.

With trademarks, it's almost the opposite. You don't get protection right away. Only through use (or registration + use). But you can sue even while the trademark is pending or even if you never filed for registration.

So if I start a forum called "Wicked Fires" (or something sounding confusingly similar) and target the affiliate marketers, as long as the owners of WF can show they have used this name "in commerce" before I did and that they are "known" in the industry, they can sue me. And the fact that they never actually registered their trademark won't mean much.

Ownage 2:0
 
Come in Earth -- last call .. In the USA THE ONLY IP a person does not have to first register and automatically owns all rights to; is an original passage that the author wrote. US law says (and it has been upheld countless times) he or she owns it instantly . PERIOD.

I am right and YOU are wrong...SO STFU
 
Come in Earth -- last call .. In the USA THE ONLY IP a person does not have to first register and automatically owns all rights to; is an original passage that the author wrote. US law says (and it has been upheld countless times) he or she owns it instantly . PERIOD.

I am right and YOU are wrong...SO STFU
What has been upheld? Are you high on cum?

1) You can't sue anyone for copyright infringement without registering your work first. The judge would simply toss your shit out. I now understand that you are simply too retarded to understand the limited meaning of the word "protection", and that "owning it" doesn't actually mean you can sue anyone. But that's the fact.

2) On the other hand, you can sue someone for diluting a trademark without registering it. If a mark is established through use, it's as good as registering it with USPTO.

I know it sounds contrary to what one might read in some piece of shit article on the webz, but that's how the legal system actually works in the US.
 
Thats a load of horse shit...copright exists when the work does...not just untilyou register it as such etc.

You are wrong!

EDIT: Just realised you have been banned
 
ROFL. Another retard with a reading comprehension problem. This is getting better.

Let me try again. Try reading this slowly, several times:

Yes. The copyright ownership is established the moment the work is created.
No. You can't sue anyone or take any legal action until you register your copyright. That's done to establish the jurisdiction.

Got it? If not, try reading it again. It's as simple as I can state it.


EDIT: Just realized that you are an idiot.

EDIT#2: Nope, that's a lie. I realized that you are an idiot the moment I glanced at your post.