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Crush CBD (Tinted Brew Inc.): A Laughable Attempt at Domain Name Hijacking

Located in Legal Discussion started by Yashar, Aug 12, 2019.

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  1. Yashar

    Yashar New Member

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    Hi! I recently wrote about my experience dealing with a buyer who resorted to legal scare tactics when he decided that my domain was out of his budget.

    Here is the post (if somebody can post a link since my account is too new, I'd appreciate that): yashar . io/crush-cbd

    Thought I would share my experience here in case anybody is on the receiving end of such notices in the future. Long time lurker, first time contributor :)
     
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  2. D Haynes

    D Haynes Top Member VIP

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  3. Internet.Domains

    Internet.Domains Top Member VIP

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    Well done!
     
  4. Larion

    Larion Established Member

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    Their trademark is worthless.
    They should learn of how to properly register a trademark.


    You could register a trademark in the EU for different classes (Word-Mark, not Word-Image-Mark !). Then you have a trademark in the EU and they can not do anything against you. Do it quickly.

    See here:
    https://euipo.europa.eu/ohimportal/en/apply-now
     
    Last edited: Aug 12, 2019
  5. F33333

    F33333 Established Member

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    Really interesting read there :)
     
  6. saintpro

    saintpro Upgraded Member Gold Account

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    Read it a few days ago. Nice.

    Thanks for sharing.
     
  7. saintpro

    saintpro Upgraded Member Gold Account

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  8. myfavorite

    myfavorite Established Member

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    Good to know.
     
  9. saintpro

    saintpro Upgraded Member Gold Account

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    Is that necessary? I mean is he not in a safe position as the domain was registered before the trademark?
    Please share your thoughts.
     
  10. saintpro

    saintpro Upgraded Member Gold Account

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    Have a similar situation with one of my domain names. Trademark was filed 4 months after the domain registration & got issued after 1 year. But the issue is they mention that the first use was before my domain registration."First use anywhere". I checked Tm before registering the name & there was none.

    Should we also look into the "First use anywhere" factor also?
     
  11. Larion

    Larion Established Member

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    depends on how valuable your domain is.
    with a properly registered trademark, you have full protection (use a "Word-Mark", not a "Word-Image-Mark").
    costs for a EU-trademark are starting from around EUR 800 (depends on how many "classes" you want to register) and is protected for 10 years. So it literally costs you EUR 80 per year.

    You can file for a EU-trademark online by yourself, you do not need to hire an expensive lawyer (who anyway have no clue of what they are doing).
    However, you need a bit of experience and know what you are doing...
     
    Last edited: Aug 14, 2019
  12. jberryhill

    jberryhill Top Member John Berryhill, Ph.d., Esq. VIP ★★★★★★★★★★

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    It would be helpful if you did not make statements that give them too much credit.

    You repeatedly say:

    "June 4, 2019: Tinted Brew, Inc. registers the “Crush CBD” trademark."

    No they didn't.

    They filed an application on an intent-to-use basis. That's what all this means:

    Serial Number 88458517
    Filing Date June 4, 2019
    Current Basis 1B
    Original Filing Basis 1B

    That's not even a registered mark. Why do you keep conceding that point?
     
  13. saintpro

    saintpro Upgraded Member Gold Account

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    That's a very valid point which is missed by most including me.
    Thanks for sharing.
     
  14. Yashar

    Yashar New Member

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    Thanks – corrected.
     

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