TradeMark Problem

[johnn]

I own a software site and it happens that my site name is closed to a billion dollar company exept the dash between the two words. (Due to the size of this company, I would rather not to mention the name).
There are some spelling from my site using his company name without the dash.

Example:

My site: Blue-Bank.com
His Site: BlueBank.com

A couple weeks ago I received an email from the General Manager saying that I have to give up my domain name and website because the name is trademark of his company.

I replied to his email saying that his company owns the name without the dash and I do own the one with the dash.

He said he will have the legal department contact me for litigation.

At the mean time I make changes to all the spelling to be sure that there is a dash in between two words.

Last week I received another email from the same General Manager saying that I did not fix the banners.

I fixed the banners and have not heard from him or his legal department.

I was upset that I said in one of the email:

"You must have too much time in your hand to pay attention to this little site when you are a General Magager for a multi-billion dollar company.

I'll not close my site or give up the domain name because you have no legal rights to own the trademark of my name (with the dash). A admitted that our programmers did make mistakes in spelling and I'll direct them to correct the problem immediately.

Best of luck with your multi-billion dollar business. May be you should use your time to check to see how is your sales doing"

 

[identity_00]

how did he contact you?
Phone, mail, email?

 

[johnn]

Email

 

[slipondajimmy]

good luck on that one.

 

[Darkfire001]

Sorry dude, but the dash most likely wont save you from WIPO proceedings unless the two words are general words like Window-Panes.com

And it might not have been the best move to provoke that General Manager to take action. Keep in mind Billion Dollar Business's dont take well to having their pride hurt

Best of luck with the domain, it would suck to lost it, even more cause you have a site their. At least they cant use the Bad Intent excuse.

 

[Supra LTD]

So what, in Europe there's a company called Macrosoft which makes laundry machines...don't see Microsoft arguing...the dash can make a difference!

 

[johnn]

I think he gave up after discuss with his legal department because the two words are very generic.

One word is the color and the other one is a verb.

 

[aww]

Rule #1 when being challanged like that and you think there is a chance they can win:

DO NOT REPLY! (especially via email)
If you want to make changes like they suggest then go ahead. But don't correspond with them.

Seriously - there is nothing you can say to defend yourself if they want it and everything you say WILL be used by their lawyers against you.

Not saying anything can do little damage and is the best precaution. Any lawyer will tell you this and very few will take on your case if you tell them you have been emailing back.

I wish you well but their silence right now might just mean certified letters are on the way and he has been told to stop communicating directly.

(I learned this the hard way myself )

Best wishes with this...

 

[johnn]

Thanks.

I've leaned the lesson. This is not my first time.

Originally posted by aww
Rule #1 when being challanged like that and you think there is a chance they can win:

DO NOT REPLY! (especially via email)
If you want to make changes like they suggest then go ahead. But don't correspond with them.

Seriously - there is nothing you can say to defend yourself if they want it and everything you say WILL be used by their lawyers against you.

Not saying anything can do little damage and is the best precaution. Any lawyer will tell you this and very few will take on your case if you tell them you have been emailing back.

I wish you well but their silence right now might just mean certified letters are on the way and he has been told to stop communicating directly.

(I learned this the hard way myself )

Best wishes with this...

 

[Raf]

Well if the domain is with a dash I don't see much problems really, maybe something good will come out of this.

 

[jroy]

bluebank.com
This domain is for sale.

also blue-bank.com is not working?

edit:nevermind, im an idiot, i thought that you said bluebank.com was his domain and blue-bank.com was your domain, misunderstood that it was an example

sorry

-Josh

 

[Dave_Z]

Originally posted by aww
Rule #1 when being challanged like that and you think there is a chance they can win:

DO NOT REPLY! (especially via email)
If you want to make changes like they suggest then go ahead. But don't correspond with them.

Seriously - there is nothing you can say to defend yourself if they want it and everything you say WILL be used by their lawyers against you.

Not saying anything can do little damage and is the best precaution. Any lawyer will tell you this and very few will take on your case if you tell them you have been emailing back.

I wish you well but their silence right now might just mean certified letters are on the way and he has been told to stop communicating directly.

(I learned this the hard way myself )

Best wishes with this...

Less talk, less mistake, eh? :lala:

 

[rosem]

I'm guessing it's some kid bossing you around

Usually the CEO or GM of a company would not contact you. The legal department would.

 

[johnn]

It was the GM - You can tell by his email address.

 

[Castlemelody]

I am not sure. Are you certain that the email really come from them? It might be somebody playing you around?

At any rate it is really odd for GM's to contact anyone like you about this.

From what I have learned, if you are not selling the same line of products as theirs, then you may not be in trouble. Just like what you have mentioned about "Macrosoft." I mean isn't it what trademarks are for? But, I may be wrong. Most likely though if you put the dash consistently on your site, that won't confuse your visitors. Or maybe put a disclaimer on your site saying something like: "Blue-bank.com is not in any way associated with Bluebank.com. You may wish to visit their website here." Yes, put a link to their site.

Hmmm.. this reminds me, somebody out there may be planning to reserve the domain castle-melody.com. Oh well, let them register it if they wish!

Take care everyone. I hope I am able to help.