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dellisp
hey everyone,
i recently bought dellisp.com which is a web host, and dell computer corporation sent me a letter stating they were closing my site due to trademark infringement. now i am out of luck, they have already somehow changed my domain registertaion info, any thoughts or suggestions would help
thanks
i recently bought dellisp.com which is a web host, and dell computer corporation sent me a letter stating they were closing my site due to trademark infringement. now i am out of luck, they have already somehow changed my domain registertaion info, any thoughts or suggestions would help
thanks
Technics
I really dont think you have a leg to stand on. Since it is so close to a registered trademark. Id suggest just buying a new domain and coming up with a new company name and register it so nobody can do this again.
akashik
I'm with Technics on this one. That you used dell in the name is one thing, also that you altered the 'e' in the name as they do, pretty much leaves you out in the cold - even if it is 'different'
The funny thing about trademark is, companies aren't automatically protected by it. They have to actively pursue infringments of their trademark, or risk losing it. It's people who shave close to the bone without directly copying them that make it all the harder, as it becomes a judgement call. To err on the side of safety they just go after anyone who's even remotely close. In Dell's place I don't think I'd have to think too long before sending you a letter.
The net is a pretty big place. Companies need to try to preserve their brand identity as well as they can. It's a case of "This is my bit of the sandbox, play somewhere else", and with good reason. I think if they stop with a letter after you shut the site down you can count yourself lucky.
Greg Moore
The funny thing about trademark is, companies aren't automatically protected by it. They have to actively pursue infringments of their trademark, or risk losing it. It's people who shave close to the bone without directly copying them that make it all the harder, as it becomes a judgement call. To err on the side of safety they just go after anyone who's even remotely close. In Dell's place I don't think I'd have to think too long before sending you a letter.
The net is a pretty big place. Companies need to try to preserve their brand identity as well as they can. It's a case of "This is my bit of the sandbox, play somewhere else", and with good reason. I think if they stop with a letter after you shut the site down you can count yourself lucky.
Greg Moore
Jaiem
If it was just the name I might give it to you. But being so similar to Dell I agree with the above.
Martie
I agree....ditch the name and choose another!!
This reminds me of a few Ive seen...most recently one invlolved yahoo
myyahoosite.com or something to that effect!
I also recall one from long ago with the m&m name being used!
This reminds me of a few Ive seen...most recently one invlolved yahoo
myyahoosite.com or something to that effect!
I also recall one from long ago with the m&m name being used!
Jaiem
Don't under estimate a company's resolve to take action.
I have a friend/business associate who runs a very successful local TV, radio and net site for sports. He told me that one day a guy from CA called him up and said he (the guy) was going to start his own program with the same name on the West coast. He wasn't asking for permission or licensing or anything like that. Just an FYI (why he would call and announce it I don't know).
My friend told him he can't, the business name is his and he even has a U.S. trademark registration on it. The guy basically said "Tough! So what are you going to do about it?" (paraphrasing). So my friend got a CA lawyer and sued his a**! He got a total injunction against the guy from not only using the name but going anything related!
Now my friend isn't a rich guy (the sports business doesn't pay that much) but it was worth it to him to spend the bucks to protect his name. I probably would have done the same too.
I have a friend/business associate who runs a very successful local TV, radio and net site for sports. He told me that one day a guy from CA called him up and said he (the guy) was going to start his own program with the same name on the West coast. He wasn't asking for permission or licensing or anything like that. Just an FYI (why he would call and announce it I don't know).
My friend told him he can't, the business name is his and he even has a U.S. trademark registration on it. The guy basically said "Tough! So what are you going to do about it?" (paraphrasing). So my friend got a CA lawyer and sued his a**! He got a total injunction against the guy from not only using the name but going anything related!
Now my friend isn't a rich guy (the sports business doesn't pay that much) but it was worth it to him to spend the bucks to protect his name. I probably would have done the same too.
akashik
That's impressive 
He just called to let him know he was going to copy him totally. *lol* Granted not everyone has a clear idea of what the law can do, but that's just living with your head in a box. Nice to hear he got nailed. Of course it's a bit sad your friend had to spend the green to get it done though - I hope some of that sueing was for incurred legal bills.
Greg Moore
He just called to let him know he was going to copy him totally. *lol* Granted not everyone has a clear idea of what the law can do, but that's just living with your head in a box. Nice to hear he got nailed. Of course it's a bit sad your friend had to spend the green to get it done though - I hope some of that sueing was for incurred legal bills.Greg Moore
Jaiem
Yea Greg, very stupid of the guy to call him. Maybe he thought he was just thumbing his nose at him? Somepeople get thier kicks that way.
It happened before I knew him so I don't know all the details. He told me the legal fees where in the mid 5-figure range. Still worth it to protect your business IMO.
It happened before I knew him so I don't know all the details. He told me the legal fees where in the mid 5-figure range. Still worth it to protect your business IMO.
Cyberiot
I was contacted about a year ago from a lawyer for an actor; Joebob Griggs, he hosts Monster Vision. The domain in question was www.Joebob.com which I had listed on a whim.
He demanded I turn it over because Joebob Griggs claimed trademark infringement. I told them 'Bull, there are 3 Joebob's in my neighborhood'. We went back and forth on issues.
The lawyer explained that the name could not be used for 'movie, TV, motion picture, etc.' or then we indeed WOULD be infringing. We stated we would not and he said we had a year from his notice to do something with the name. (I ? legal)
Within a year of contact we used it for a PHP search engine and did NOT include movie stuff. They have not contacted us again.
Oh and by the way, Heck yes we tried to sell it to them! They wanted no part of that, it was Take It for nothing.
We got a certified appraisal from GreatDomains. At the time the domain was not online and we had no idea what to do with it.
Value: $9000
He demanded I turn it over because Joebob Griggs claimed trademark infringement. I told them 'Bull, there are 3 Joebob's in my neighborhood'. We went back and forth on issues.
The lawyer explained that the name could not be used for 'movie, TV, motion picture, etc.' or then we indeed WOULD be infringing. We stated we would not and he said we had a year from his notice to do something with the name. (I ? legal)
Within a year of contact we used it for a PHP search engine and did NOT include movie stuff. They have not contacted us again.
Oh and by the way, Heck yes we tried to sell it to them! They wanted no part of that, it was Take It for nothing.
We got a certified appraisal from GreatDomains. At the time the domain was not online and we had no idea what to do with it.
Value: $9000