Cease and desist order for trademark infringement

[edprush]

I received a cease and desist order from a guy who says he owns the trademark to some words that I use as the slogan for my site.

By slogan, I mean the little saying that appears next to the domain name.

For an example look at http://www.classmates.com. Their website is: classmates.com and their slogan/tagline is: "real people. real names."

My slogan is similiar to "always open." He says he has a business with the same name.

Does he have a case? Do you think I am using the words "always open" illegally?

Thanks.

 

[KK]

what kind of website are you running?

 

[JackRipper]

why are u being so vague about this?

"always open" is a generic term...

its like trying to own copyrights to "open 24/7"

is this it? ???? i really dont see anything infringing on trademarks...


most people are giving u sh1t for no reason... what is the website in question... just ignore his threats if it is something as generic as that

 

[OutHouse]

how about a link to your website or post your slogan.

 

[edprush]

It's a message board for my hometown.

 

[bsobel]

Originally posted by: edprush
It's a message board for my hometown.

You can't really expect much of a response until you show us your usage in context (e.g. link to site) along with the exact wording of his letter.

 

[sygyzy]

I hope you get sued for being so lame. Post the damn site.

 

[edprush]

Originally posted by: JackRipper
why are u being so vague about this?

I don't want to give him any more ammo than he thinks he already has. If he finds that I'm doing research, he'll know that he knows more than I do about the possible infringement.

 

[Ns1]

Originally posted by: edprush

Originally posted by: JackRipper
why are u being so vague about this?

I don't want to give him any more ammo than he thinks he already has. If he finds that I'm doing research, he'll know that he knows more than I do about the possible infringement.

..............

 

[JackRipper]

Originally posted by: sygyzy
I hope you get sued for being so lame. Post the damn site.

QFT... i mean wtf... why are u being so paranoid and secretive...

like my website is eDexAsia... am i gonna sue some joe schmoe who owns the slogan "just like fedex asia" or "eSexAsia" or whatevers.

 

[JackRipper]

Originally posted by: NeuroSynapsis

Originally posted by: edprush

Originally posted by: JackRipper
why are u being so vague about this?

I don't want to give him any more ammo than he thinks he already has. If he finds that I'm doing research, he'll know that he knows more than I do about the possible infringement.

..............

then go get a copyright lawyer instead of asking on an open/free messageboard...

for most pointless thread of the century

 

[DaveSimmons]

Was this "cease and desist order" from a real law firm or just the other company?

Google to look for a free way to search for whether they have even filed for the trademark.

If they have a trademark, it may be time to lawyer up. Trademark lawyers are quite expensive though.

 

[KK]

google always open, and give him a list of sites that also use those two words. Then tell him you are going to fvck his mother.

 

[Ns1]

send him this letter

Are you aware that there are people in this world that have a severe medical condition which causes them to be that way? My mother for instance is one of those people. She is a truck driver that has bad knees and a bad back from driving the truck but you probably do not care about that case either. Oh well I am not one of those people I am 6'4" 245lbs and I exercise every day. I would love to see you say something like to my mother in front of me. Probably never happen though you are probably just an internet tough guy. I doubt very seriously you would say that to someones face. Just my thought.What do you think. Oh I am sorry you probably do not have a brain. I on the other hand will be happy to buy you a plane ticket to come here and see if you have the nerve to say that to someone I know.

 

[edprush]

Originally posted by: JackRipper

Originally posted by: sygyzy
I hope you get sued for being so lame. Post the damn site.

QFT... i mean wtf... why are u being so paranoid and secretive...

like my website is eDexAsia... am i gonna sue some joe schmoe who owns the slogan "just like fedex asia" or "eSexAsia" or whatevers.

No. They're gonna sue you.

 

[waggy]

Originally posted by: edprush

Originally posted by: JackRipper
why are u being so vague about this?

I don't want to give him any more ammo than he thinks he already has. If he finds that I'm doing research, he'll know that he knows more than I do about the possible infringement.

uh yeah. thats fucking idiotic.

you want a answer but don't want to give any info? fuck yeah great.

 

[edprush]

Originally posted by: DaveSimmons
Was this "cease and desist order" from a real law firm or just the other company?

Google to look for a free way to search for whether they have even filed for the trademark.

If they have a trademark, it may be time to lawyer up. Trademark lawyers are quite expensive though.

He contacted me via my website's contact us form.

I've already checked into it. He has had it registered for 3 years. I have been using it on my site for 1 year.

 

[edprush]

Originally posted by: KK
google always open, and give him a list of sites that also use those two words. Then tell him you are going to fvck his mother.

I'm sure he's contacting those sites as well. He might have a goldmine with his service mark.

 

[Mr Incognito]

It's just a community message board.

 

[edprush]

Originally posted by: waggy

Originally posted by: edprush

Originally posted by: JackRipper
why are u being so vague about this?

I don't want to give him any more ammo than he thinks he already has. If he finds that I'm doing research, he'll know that he knows more than I do about the possible infringement.

uh yeah. thats fucking idiotic.

you want a answer but don't want to give any info? fuck yeah great.

Everything that is needed to be known is in the first post.

 

[KK]

Originally posted by: edprush

Originally posted by: KK
google always open, and give him a list of sites that also use those two words. Then tell him you are going to fvck his mother.

I'm sure he's contacting those sites as well. He might have a goldmine with his service mark.

You got his email, sign him up for some porn spam.

 

[Greenman]

Originally posted by: edprush

Originally posted by: waggy

Originally posted by: edprush

Originally posted by: JackRipper
why are u being so vague about this?

I don't want to give him any more ammo than he thinks he already has. If he finds that I'm doing research, he'll know that he knows more than I do about the possible infringement.

uh yeah. thats fucking idiotic.

you want a answer but don't want to give any info? fuck yeah great.

Everything that is needed to be known is in the first post.

No it isn't. You're talking about a specific phrase, but not telling us what it is. So either give us the information we need or don't ask the question.

 

[George P Burdell]

Originally posted by: edprush

Originally posted by: waggy

Originally posted by: edprush

Originally posted by: JackRipper
why are u being so vague about this?

I don't want to give him any more ammo than he thinks he already has. If he finds that I'm doing research, he'll know that he knows more than I do about the possible infringement.

uh yeah. thats fucking idiotic.

you want a answer but don't want to give any info? fuck yeah great.

Everything that is needed to be known is in the first post.

In that case, everything ATOT can tell you is below:



























You are welcome.

 

[JackRipper]

Originally posted by: edprush

Originally posted by: JackRipper

Originally posted by: sygyzy
I hope you get sued for being so lame. Post the damn site.

QFT... i mean wtf... why are u being so paranoid and secretive...

like my website is eDexAsia... am i gonna sue some joe schmoe who owns the slogan "just like fedex asia" or "eSexAsia" or whatevers.

No. They're gonna sue you.

uhm... lolz u just answered ur own question.

and no they are not going to sue me and on what basis... get real...

You should see the many ads on bill boards around here by direct tv that says "Take a ticket for Charter Cable woes" and the ticket number is like 10002.

so u think Charter is going to go sue everyone with Charter in their slogan? " Aidirondack : We Charter Rides to the Wilderness, Caribbean Cruise : #1 Charter of Blah Blah...

uhm okay... I really hope the guy is dumber than u & tries to sue so both of u dums dums end up feeding $$$ to lawyers.

2 's for still trying to be stubborn.

 

[imported_Baloo]

Originally posted by: edprush

Originally posted by: DaveSimmons
Was this "cease and desist order" from a real law firm or just the other company?

Google to look for a free way to search for whether they have even filed for the trademark.

If they have a trademark, it may be time to lawyer up. Trademark lawyers are quite expensive though.

He contacted me via my website's contact us form.

I've already checked into it. He has had it registered for 3 years. I have been using it on my site for 1 year.

He's had what registered for three years? The slogan as a tradmark? Be clear man, this is almost as bad as your OP.