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Need help! Trademark Infringement for my thesis website!!

T

Techie333

Platinum Member
I build my thesis website and apparently I am under trademark infringement!! This is ridiculous and I do not want to give up my website!! I made this site out of pure education purposes and not to gain any money!! I don't use it in the "FOR DUMMIES" format, I use "4DUMMIES." This is the notice I got in my email today by the FOR DUMMIES publishing company, Wiley Publishing:

August 29, 2006

VIA E-MAIL:


Re: Trademark Infringement of FOR DUMMIES and DUMMIES.COM
Domain name: http://www.computerbuilding4dummies.com
Domain expires: July 23, 2007
Our file: ****

Dear Amal Patel:

Wiley Publishing, Inc. (?Wiley?), owner of the famous and well-regarded FOR DUMMIES trademarks, recently became aware of your registration of the above-referenced domain name (the ?Infringing Website?). The Infringing Website is active and provides detailed instructions on how to build a computer.

The FOR DUMMIES trademark is a federally registered trademark. Unauthorized use of the FOR DUMMIES trademark or a similar formative of this trademark infringes and dilutes our famous trademark, and is not permitted under state and federal trademark laws. Your unauthorized use of FOR DUMMIES is a direct infringement of our rights, and directly conflicts with our title ?Building a PC For Dummies 5E? by Mark L. Chambers, published in November 2005.

Because of the significant investment undertaken by Wiley to promote and protect its trademarks, and because of the potential for confusion and dilution regarding said mark, Wiley demands that you:

1) Immediately disable the Infringing Website and allow the domain name
to expire; and

2) Provide written confirmation to me by no later than September 8, 2006
that the above has been completed and that you will refrain from
using the FOR DUMMIES mark, or any other mark that is confusingly
similar to any Wiley mark, in the future.

While we prefer to resolve this matter informally, Wiley will use all legal remedies available to protect Wiley?s trademark rights, and reserves all of its rights with respect to your infringements.

Sincerely,

Kathleen Robbins
Trademark Enforcement Associate
John Wiley & Sons, Inc.
PH: 201.748.8607
krobbins@wiley.com
Kathleen Robbins
Trademark Coordinator
John Wiley & Sons, Inc.
111 River Street/Mail Stop: 3-05
Hoboken, NJ 07030-5774
PH: 201.748.8607

This message and any files transmitted with it may contain privileged, confidential and/or proprietary information. It is intended solely for the individual or entity named above. Unauthorized use of these materials is strictly prohibited. If you have received this message in error, please immediately contact the sender by replying to this message and delete the original message. Thank you.
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While I'm not a lawyer, I think you probably are infringing their trademark. At the same time, they sound like douche bags. Maybe you could change your name to blah4morons.com
 
Originally posted by: Techie333
I build my thesis website and apparently I am under trademark infringement!! This is ridiculous and I do not want to give up my website!! I made this site out of pure education purposes and not to gain any money!!
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And yet you beg for Paypal money right on your website.

1) Realize that this isn't a battle worth fighting.
2) Change your domain name. It isn't like many people know your name. And it isn't like it'll really harm you in any substantial way.
3) Move on with your life.

 
FYI, you can't win unless you are willing to spend at least $X,xxx and a couple years in court. If you are willing to do so, good for you. Otherwise, deal with them.
 
FYI: I didn't even think of the FOR DUMMIES books when I was building this website. Or the company. This is just what came to me naturally.
 
1. The "For Dummies" phrase is infringing on their trademark.
2. That domain is horrible
2a. That website is horrible.
3. It's not worth fighting
 
Originally posted by: Techie333
It's not the same spelling!! This can't be fair!!
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Why did you pick "4 dummies" ? I'm willing to bet because it's similar to their trademarked name. It's not fair that you think you can profit out of the name that someone else put time and money into making famous.

I'm now going to start a new software company called "Microcoft" (soft c) and market Microcoft Offise.
 
But seriously.. just change it to something else. except I think there is a series of books called "for idiots" already, so scratch that.
 
Originally posted by: yowolabi
Originally posted by: Techie333
It's not the same spelling!! This can't be fair!!
Click to expand...

Why did you pick "4 dummies" ? I'm willing to bet because it's similar to their trademarked name. It's not fair that you think you can profit out of the name that someone else put time and money into making famous.

I'm now going to start a new software company called "Microcoft" (soft c) and market Microcoft Offise.
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That's pretty much sums up why the OP is a douche.

... and it looks like the site has been taken down anyway. Slammage.
 
4 dummies does not infringe upon "for dummies". If anything, "4 dummies" could be translated as "four dummies" or "number four dummies", but it is certainly not an infringement on "for dummies" which is gramatically different and holds a different meaning.

That's what comes to mind as your best shot, which isn't very good. Might as well give up now.
 
Originally posted by: everman
4 dummies does not infringe upon "for dummies". If anything, "4 dummies" could be translated as "four dummies" or "number four dummies", but it is certainly not an infringement on "for dummies" which is gramatically different and holds a different meaning.

That's what comes to mind as your best shot, which isn't very good. Might as well give up now.
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Ideally... yeah, it could actually mean "Four Dummies"... however, the context of the site is the kicker. Nowhere does it imply that there are Four Dummies, and it is suposed to be an instructional website similar to the book series. The content of the site defines the context of "4" and he loses.
 
Originally posted by: Techie333
It's not the same spelling!! This can't be fair!!
Click to expand...

I was going to give you the benefit of the doubt but this just threw me over the top. Give it up. You lose.
 
Meh if it were me I'd just have them sue me. Let them drag it through court and all that, then if they win give them the domain. Don't hire a lawyer to defend yourself or anything.

Unless of course you have to pay court costs and attorney fees if you lose...that would be bad...
 
Offer to put a link on your site that goes to their website, that way they can get traffic for people that would rather buy the book than read it on a computer screen.
 
wow you get nailed and now whine about it?

you used 4dummies knowing it was a play on the books. you got caught. give it up.
 
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