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  Post #16 (permalink)   07-28-2010, 09:38 AM
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Listen to Artashes - "Just because you received a letter from a law firm doesn't mean they are going to proceed with it." and DO NOT admit anything. if you got letter you should respond asking for time to prepare some papers. And you need to see a lawyer. I know that David Snead (linkedin.com/in/davidsnead), a lawyer with significant experience in the web hosting industry. So you'd talk to him!
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  Post #17 (permalink)   07-29-2010, 11:52 AM
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Quote:
Originally Posted by kunnusingh View Post
If this is your domain "searchofwebsite" then they can't take down your site because of "search of website" is a Dictionary word.

You can get help from Non Profit sites who provide help on copyrights.
I think Apple would disagree that dictionary words are not available for Trademark protection; as would Ford, Mercury and Brother, just to name a few.
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  Post #18 (permalink)   08-15-2010, 11:01 PM
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There will be a problem if you knew about what you were doing and did it in wain.
 
 
 


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  Post #19 (permalink)   08-18-2010, 05:09 PM
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Is the domain actually "searchofwebsites.com"?

If so, I would not worry. You can not trademark words that are of common use. E.g. You can not trademark "uploadvideo.com" but you can trademark "hoochipooch12videoservices".

It's interesting that you mention copyright, rather than trademark rights however. Can you post the full letter?

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  Post #20 (permalink)   08-19-2010, 08:44 AM
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Quote:
Originally Posted by Attorney Jaffe View Post
I think Apple would disagree that dictionary words are not available for Trademark protection; as would Ford, Mercury and Brother, just to name a few.
I'd venture to guess that 99.9% of entrepreneurs who register domains don't check Trademark registrations. If they had a TM, your domain may be at risk, even if they registered their domain years after yours.

We had a case in St. Louis between North Face and South Butt - they settled out of court, so I don't know the end result.
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  Post #21 (permalink)   09-14-2010, 12:15 PM
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In ether case you should respond to their letter, with respect to stating your position and to deny any allegations with respect to copyright infringement using firm but strong language. Get yourself a pro bona lawyer to draft the copy or do what we did and go to a college and get a 2nd or 3rd year law student to draft your copy.
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  Post #22 (permalink)   09-24-2010, 05:22 PM
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Suits with big wallets. Thats what it comes down to. Its sad that they would hunt you down because they were not able to buy your domain. imo thats what it comes down to it.

In your terms they are claiming copyright to the "s" which if they do processed it could come down to them having to give up there domain. the iCANN records should show the transfer info from a seller to SOWS which will prove that they have copyrighted you? maybe. What ever happens hold your head high you had the domain first dont let them bully you out of it.

I wish you the best.
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  Post #23 (permalink)   10-05-2010, 09:37 AM
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Do you mind posting a copy of the letter? This way we can give you a better answer? I got a couple of them before and pissed them off by sending a cease and desist letter to them. Never heard a work back since.
 
 
 


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  Post #24 (permalink)   11-21-2010, 02:13 AM
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Due to the fact of them infringing copy right laws of your website, and trying to take it down, this infringes the law of ICANN...They cannot do anything since your domain was registered before them...ignore it.
 
 
 


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  Post #25 (permalink)   12-17-2010, 04:08 PM
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Quote:
You had already established use of the domain before they bought the similar domain.
I would personally ignore this until they come up with a far better inquiry.

Quote:
In short, take the site down in 5 days or get ready for consequences.
I could almost guarantee this did not come from a real lawyer.
I have never, ever worked with a legitimate lawyer who used this type of unprofessional vernacular.

I would research this supposed law firm and really push them to make the first move before proceeding any further.

I think its fake too
 
 
 


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  Post #26 (permalink)   12-17-2010, 07:23 PM
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Their approach to you is an overkill and out of place. The arbitration venue for domain names is ICANN, which --- I think --- will rule on your favor. Check ICANN out here: http://www.icann.org

You can only get into legal trouble if you're illegally using a business name or brand name that is already registered with the Securities and Exchange Commission or the Patent and Trademark Office. But URLs, at this time, do not belong to their jurisdiction.

Last edited by debayo : 12-17-2010 at 07:35 PM.
 
 
 


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  Post #27 (permalink)   02-17-2011, 03:01 PM
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I might be worth replying and asking for there proof of ownership of said copyright, as you now are aware of there possible infringing of your copyright. Effectively counter with a threat to counter sue... Just being big gives you no extra advantage (bar more lawyers).
If they claim they own copyright to such a small sentence than so do u (copyright exists as soon as created).
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  Post #28 (permalink)   03-06-2011, 11:52 AM
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Only in America would we have a lawsuit between North Face and South Butt. :-) Hopefully they won't merge. Corporations are evil and kill capitalism!

Quote:
Originally Posted by Steve-Hostirian View Post
We had a case in St. Louis between North Face and South Butt - they settled out of court, so I don't know the end result.
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  Post #29 (permalink)   03-07-2011, 10:16 AM
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Quote:
Originally Posted by DJInBoise View Post
Only in America would we have a lawsuit between North Face and South Butt. :-) Hopefully they won't merge. Corporations are evil and kill capitalism!
http://www.msnbc.msn.com/id/36334733...consumer_news/

This was a year ago and South Butt is still online.
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  Post #30 (permalink)   03-15-2011, 09:05 AM
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So how did it end?
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