TRADEMARK PROBLEM please advice us

[netPH]

Dear Fellow NPer/s,

A friend here on Namepros requested me to post this TM issue regarding an email he received recently. He doesn't want to reveal his identity so I've posted this myself in behalf of this friend. Please advice this friend because he feels confused about this matter. Any comments/ feedbacks, serious advice would be highly appreicated.

Here's his message;

ALL NAMES HAVE BEEN CHANGED
We did check last year for the .com - it was regged but not in use
So we choose the .net (as we are a network of services)
And we own the .co.uk - all our business is conducted in the UK
We have just recieved this email

Dear FirstName LastName:
It has been brought to our attention that your business, park5homes.net, has been using the park5homes Inc. brand name in association with the marketing or sale of your products and services. It is possible that you were unaware of this conflict, so we believe that it is in our mutual interest to bring this matter to your attention.

park5homes Inc. was registered as a U.S. corporation with the state of New York on April 29, 2002 and has been in operation at the following physical address:

park5homes INC.
??? NEW YORK AVENUE
HUNTINGTON, NEW YORK 11743

As well as our use of the domain name www.park5homes.com

Our U.S. registration of this corporate trademark provides us with certain proprietary rights. This includes the right to restrict the use of our corporate trademark, or a confusingly similar trademark, in association with confusingly similar products or services.

It is important that we exercise our right to protect our corporate trademark. It serves as an important and distinctive representation of the origin of our products as well as the goodwill of our company.

State, Federal, and International law supports our position that confusingly similar trademarks may cause confusion among customers. This confusion may cause substantial harm to the trademark and our corporate identity by facilitating the loss of its effectiveness in establishing a distinct association between it, our products and services, and our company's goodwill.

Due to these concerns, and because unauthorized use of our U.S. registered corporate trademark amounts to an infringement of our corporate trademark rights, we respectively request that you cease and desist in any further use of the park5homes corporate name in association with the marketing, sale, distribution, or identification of your products, or services, including the park5homes.net domain name.

Please respond by letter or email: indicating your intention to cease and desist the use of the corporate trademark park5homes, the park5homes.net domain name, or any confusingly similar trademark, within ten (10) calendar days.

We hope that this issue may be resolved this way so we can avoid any further legal remedies as provided by State, Federal, and International law and the U.S. Trademark Act.

Sincerely,

Mr Man
President & CEO
park5homes Inc.
www.park5homes.com

Please take note that the domain name is related to multi-media sort of thing.

He might be watching this thread so please advice him on what to do.

Thanks
-netPH

 

[domainlab]

quick response

1. Are the goods / services similar/the same to those of the compainant?

2. Does your friend only trade within the UK - do they have any US customers?

If not then fear not . What are they gaing to do you for?

Even under UDRP you can appeal in country of jurisdiction which would be UK and then you would have much better chance.

Hope that helps - if you want clearer advice pls PM me with all the real details.

 

[Jeff]

Any updates here for us, netPH? :talk:
Thanks.
:wave:

 

[Dave_Z]

Pardon my ignorance but does it say anywhere in that letter
that the company does have a trademark?

Anyone checked the uspto.gov website? I can't seem to use
it.

 

[vanesaa]

Pardon my ignorance but does it say anywhere in that letter
that the company does have a trademark?

Anyone checked the uspto.gov website? I can't seem to use
it.

It works. Try here (and bookmark for your future reference):

http://www.uspto.gov/main/trademarks.htm

 

[Badger]

I guess if youd like an appraisal Net, Id say, as you do, +/-Reg fee only

:lol:

 

[Jeff]

Wrong Forum.

I guess if youd like an appraisal Net, Id say, as you do, +/-Reg fee only

:lol:

C'mon now, this is not the "Appraisals Forum" afterall. :blink:
Appreciated.
:wave:

 

[redhippo]

i received a "threatening" letter about trade mark infrigement etc....i have counter with offer because their story didnt check out. they claim to have the .org/net too but the whois prove otherwise.

since the threat of suing me weeks ago, they have not responded.

 

[Jeff]

i received a "threatening" letter about trade mark infrigement etc....i have counter with offer because their story didnt check out. they claim to have the .org/net too but the whois prove otherwise.

since the threat of suing me weeks ago, they have not responded.

Good job investigating the claim - as well as the research at WhoIs's - possible to "copy and paste" that letter here ... for the Legal Eagles? :talk:
If possible.
Thanks.
:wave:

 

[redhippo]

Good job investigating the claim - as well as the research at WhoIs's - possible to "copy and paste" that letter here ... for the Legal Eagles? :talk:
If possible.
Thanks.
:wave:

that might be an infringement of my lawyers trade mark(c) legal documents


as for www.park5homes.com hey guys check the whois of the Name!!

who is/are the owner(s)??????????????????????


have we been scammed?